The defendants who have failed in both the Courts below are the appellants and the only question is whether the suit is barred by limitation, the plaintiff having otherwise a good case on the merits. As will be seen presently, the plaintiff unfortunately will have to fail under the inexorable law of limitation. Learned Counsel for the respondent urged the merits of his client’s case; but the Courts have no discretion in the matter of applying the law of limitation and when it does fall on the facts of the case it has to be applied.

The properties in the suit, two items, belonged to the plaintiff’s mother Dawood Bivi, and on her death in 1947 the plaintiff got 3/4th share in the properties, the plaintiff’s father getting the remaining 1/4th share. The plaintiff’s mother had purchased the two items on 15th February, 1932, under Exhibit B-5 for a sum of Rs.1,000. At the time of purchase the second item of the suit properties was subject to an othi for Rs. 275 and this othi had to be discharged by the purchaser. The other item was subject to a simple mortgage for Rs. 85. On the 13th March, 1949, the plaintiff’s father as guardian and protector of the plaintiff and on his own b