Chhangani, J—This is a defendants appeal under O. 43, R. 1(u) of the Code of Civil Procedure against the appellate order of the Additional District Judge of the former State of Ajmer dated 30.7.1956 reversing the decision of the original court on the point of limitation in a money suit.

2. The relevant facts, for the proper appreciation of controversy between the parties may be stated in a little detailed manner as follows :—

The plaintiff Seth Ramswarup carries on business at Naya Nagar. The defendants entered into some transactions of purchase and sale of cotton-seeds, til, gur and makki and silver with the plaintiff in the year 1942. A sum of Rs. 1896/15/-was found due to the plaintiff from the defendants and was acknowledged by him on 25th of April, 1946. There were subsequent transactions between the parties ; some resulting in losses and others in gains. The defendants made some payments. In the end the plaintiff became entitled to recover Rs. 2,430/11/3 on 24.12.48. On 24th December, 1948, the plaintiff took steps to recover his amount through arbitration proceedings through the Chamber Sarafa, Naya Nagar. The arbitrators after enquiry gave an award in favour of the plaintiff

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