JUDGMENT

Rankin, C.J. - This is a Letters Patent appeal from a difference of opinion arising at the hearing of a Second Appeal before my learned brothers Mr. Justice Cuming and Mr. Justice Page.

2. I agree with the view of Mr. Justice Page that the plaintiffs' suit must be dismissed on the ground that it is out of time by reason of Article 3 of Schedule 3 to the Bengal Tenancy Act; and in this view the other considerations which might have arisen for our attention do not require to be argued at the bar.

3. The facts of the case are not in dispute between the trial Court and the District Court. The position shortly is that there was a rent suit against the plaintiffs and also Defendants Nos. 3 and 4 brought by Defendants Nos. 1 and 2 on the 30th of May 1914. Defendants Nos. 1 and 2 were landlords of a holding of which the plaintiffs were co-sharer tenants. The rent suit was brought and was decreed on the 10th of November 1914 ex-parte. In that rent suit it appears that the Court without obtaining consent of the plaintiffs' mother appointed her as guardian to the plaintiffs and it is to my mind clear that in the three Courts before which this case has come the fact that the mother did n