Alfred Henry Lionel Leach, C.J.

1. This appeal raises an interesting question of law relating to limitation. The appellant posed as a Doctor, but he had no qualifications. On the 25th February, 1934, the respondent had the misfortune to consult him and underwent an examination at the appellants consulting room in Yunus Ali Street in Triplicane. He had with him at the time a wallet, containing Rs. 1,500 in currency notes. The wallet was in one of the pockets of the respondents coat. For the purpose of the examination he had to take off the coat and he hung it up on a nail in the wall. The appellant took the opportunity to steal the wallet and the respondent did not discover the loss until the next day. When he did so he laid a complaint against the appellant. This led to the latters arrest and conviction. The appellant was found guilty of the theft on the 24th July, 1934 and sentenced to a period of six months imprisonment. On the 6th August, 1937, more than three years after the conviction the respondent instituted in the City Civil Court the suit out of which this appeal arises for the purpose of recovering from the appellant the Rs. 1,500 stolen from him and damages for be