Alfred Henry Lionel Leach, C.J.

1. This appeal arises out of a suit filed by the respondent against the appellant in the City Civil Court. The trial Court dismissed the action on the ground that the relief sought was barred by the law of limitation. On appeal Byers, J., held that Section 10 of the Indian Limitation Act applied and consequently the plaint had been presented in time. The appeal has been filed under Clause 15 of the Letters Patent from the judgment of the learned Judge.

2. The plaintiff is the son of one Haji Mir Abbas Ali, who died in 1917. His heirs, of whom the plaintiff is of course, one, numbered sixteen. His estate included a casuarina plantation which was sold in 1921, in accordance with the wishes of the majority of the heirs, by the plaintiffs step-brother, Haji Mir Moosa Raza Ali. The sale realised Rs. 3,000. Apparently with the consent of the majority of the heirs Raza Ali handed over the sale proceeds to the defendant with instructions to distribute the money amongst the heirs in accordance with their respective interests. The defendant paid some of them but he did not pay the plaintiff. The plaintiff says, and it has been so found by Byers, J., that