King, J.

1. This appeal arises out of a mortgage suit in which a preliminary decree was passed in June, 1933. It provided for the payment of the mortgage money in seven annual instalments of Rs. 115 each in June of each year; and also that if there were default in the payment of any instalment the decree-holder might then proceed to sell the mortgaged property for the whole of the amount of the instalments still remaining unpaid, and also for the sum of Rs. 262, which he had provisionally relinquished. No instalment was in fact paid in either 1934. 1935. 1936 or 1937. On 22nd June, 1938, before the 1938 instalment had become due, the decree-holder applied for a final decree, conceding, however that though the first instalment had not been paid, he could not claim it as still due. The judgment-debtor contended that the application was barred by limitation. This view was accepted by the learned District Munsif of Koilpatti, but on appeal a final decree was granted by the learned Sub-Judge of Tuticorin. This is a second appeal by the first judgment-debtor.

2. It is common ground that the article in the Limitation Act which applies to this case is 181, and that time begins to run