1. In this appeal by the 2nd defendant in a suit for redemption of a mortgage, Ext. D-2 dated 17-10-1056, the only question falling for decision is whether the suit has been instituted in time. This point was decided by the trial court against the plaintiff and the suit was therefore dismissed. In appeal the learned Subordinate Judge took a different view and decreed the suit.

2. The suit was instituted on 2-12-1952 and it is admitted that in the absence of an acknowledgment, the suit will be out of time. And reliance has been placed on a partition deed entered into among Parvathi Amma, the mortgagee, her children who are named 2nd, 3rd and 4th persons in the partition deed and her grand child who is the 5th named person in the partition deed, and it is urged that the statement contained in that document would amount to an acknowledgment under S.19 of the Limitation Act. The document has been marked as Ext. P-4 and it is dated 28-11-1099. If the statement in that document amounts to an acknowledgment the suit is admittedly within time and will have to be decreed and the decision of the lower appellate court must stand. If on the other hand the statement does not amount t