Varadachariar, J.

1. This is an appeal against the order of remand" passed by the lower appellate Court in a suit to enforce a mortgage. The only question arising for decision at this stage is the point of limitation raised by the third issue in the case. The District Munsiff held in limine that the suit was barred by~ limitation, but the learned Subordinate Judge held otherwise and remanded the suit for disposal on the merits.

2. The plaintiff seeks to enforce a mortgage dated 15th November, 1913, and the question for decision is whether the reference to it in Ex. A, a sale deed dated 11th November, 1921, amounts to an acknowledgment of liability at least to the extent of Rs. 850 in respect of the mortgage of 15th November, 1913. The substance of the statements in Ex. A is that on 11th November, 1921, a sum exceeding Rs. 850 was due from the debtor to the creditor on settlement of accounts, that the debtor was attempting to discharge the debt to the extent of Rs. 850 by the sale of certain properties under Ex. A and that for the balance due in excess of Rs. 850 he made provision for discharge by execution of other documents. On behalf of the mortgagor it is contended that th