M. Fakkir Mohammed, J.

1. The plaintiff-Sudarsan Chit Funds i& the petitioner and the petition has been filed against the judgment of the appellate Court (Subordinate Judge, Udumalpet), dated 12th December, 1977, by which the decree and' judgment of the trial Court dated 31st January, 1977, in O.S. No. 19 of 1976, dismissing the suit as barred by limitation, has been confirmed.

2. The plaintiffs filed the suit for recovery of the arrears of chit instalments under the promissory note executed by the defendants. The defendants pleaded, inter alia, that the suit is barred by limitation and that the suit cannot be enforced against some of the defendants as they are entitled to the benefits of the Debt Relief Act. Separate issues were framed by the learned District Munsif and issue No. 3 reads whether the defendants are entitled to any Debt Relief Act benefits and additional issue was framed as to whether the suit is barred by time. On issue No. 3, the learned District Munsif gave a finding that the defendants are not entitled to any benefit under the Debt Relief Act. Only on additional issue he has given a finding that the suit is barred by limitation. On appeal by the plaintiffs in