This Letters Patent Appeal is directed against the judgment and decree of Ramaswami, J., in C.M.A. No. 442 of 1953. The decree in that appeal confirmed the decree of the District Judge of North Arcot in A.S.No. 377 of 1951, which reversed the decree of the Subordinate Judge of Vellore in O.S.No. 41 of 1951.

The appellant before us is the plaintiff in O.S. No. 41 of 1951. The suit was laid for recovery of a sum of Rs. 4,371-12-6 due on dealings between the plaintiff and the defendant, had from 29th April, 1946 to 26th March, 1948. The suit itself was instituted on 7th March, 1951 within three years from the date of the last dealing shown in the accounts of the plaintiff. The defendant resisted the suit inter alia on the ground of limitation. The plaintiff pleaded that the account between the parties was a mutual, open and current account, and that, since Article 85 of Schedule II of the Limitation Act applied, the suit was in time. He also relied on acknowledgment by part payments and contended that the suit was also saved by section 20 of the Indian Limitation Act. On the first question the learned Subordinate Judge held that Article 85 of the Limitation Act ap