Alfred Henry Lionel Leach, C.J.

1. The only question in this appeal is one of limitation. On the 20th April, 1933, the plaintiff lent to the first and second defendants a sum of Rs. 2,000 on the security of a sub-mortgage of three separate mortgages, executed by the third, fourth and fifth defendants respectively in favour of the second defendant, i The first of these mortgages was executed by the third defendant on the 22nd July, 1927, to secure a sum of Rs. 3,500, the second on the 5th January, 1923, by the fourth defendant to secure Rs. 750 and the third on the 30th June, 1925, by the fifth defendant to secure Rs. 1,000. On the 29th June, 1937, the plaintiff instituted in the Court of the District Munsiff of Dindigul a suit to recover the amount due to him by the first and second defendants in respect of the sub-mortgage. As he had the right to do, he asked for the sale of the mortgaged property. On the 6th June, 1938, the plaint was returned to him for presentation to the Subordinate Judge. In Vellavan Chettiar v. Mahalinga Pallian AIR1938Mad30 , this Court had held that when a sub-mortgagee sues for the sale of the properties mortgaged to his mortgagor he must pay a cou