1. A question of limitation, of general application arising for frequent consideration is the substantial question of law involved in this second appeal. In particular, the scope of Art.37 of the Limitation Act of 1963 arises for decision on the facts, hereinafter stated.

2. The appellant is the 1st defendant. He joined a kuri, a chitty transaction conducted by the plaintiff. He received the amount from the plaintiff on 25-1-1971 on executing an agreement assuring the payment of future instalments. He continued to pay the future instalments till 15-11-1974. He then defaulted. He did not pay any further instalment. The plaintiff filed the suit for the balance amount due from the date of default. The suit was filed on 17-6-1978.

3. The agreement, Ext. Al, executed by the 1st defendant, when he was anxious to receive the prize amount on 25-1-1971 provided thus:-

"In case of default of any one of the installments, the foreman firm is entitled to sue for the entire balance defaulted and future instalments at the rate of Rs. 100/- (one hundred) per instalment, and the parties agree that the foreman firm shall have the right to proceed against the persons and properties movable a