Wadsworth, J.

1. This appeal raises a question of limitation. The plaintiff who is the appellant sued to redeem a Malabar kanom mortgage executed in the month Dhanu of the Malabar year 1034, impleading defendant 1 in his personal capacity as the mortgagee. Some time after the filing of the suit, defendant 1 having contended that possession pertained not to him personally but to an unincorporated association of which he was a member, an application to amend the plaint was allowed and the plaintiff was permitted to sue defendant 1 as representing the association of which he was a member. No objection was taken to this amendment and nothing was said by the learned Judge at the time about the effect which the amendment would have on any plea of limitation.

2. Two questions have been raised. The first relates to the position without regard to the complication caused by impleading defendant 1 in his representative capacity. The suit was filed on 16th December 1930 and, if the suit mortgage was executed on or after 16th December 1858, the suit would be in time since a kanom mortgage ordinarily cannot be redeemed until twelve years after its execution. The first of Dhanu 1034 corresp