Beasley, C.J.

1. This is a Letters Patent appeal from a judgment of Wallace, J. in second appeal. At that stage for the first time it was contended that the suit was barred by Section 47, Civil P.C. It was objected that plea ought not to be allowed to be raised at that stage, but Wallace, J., held that it was a matter of law affecting the validity of the suit and that it was a point of jurisdiction that had to be decided and he accordingly allowed that plea to be raised. In the original mortgage suit defendants 2 to 4 were parties and the plaintiffs claim against them was on the footing of their being in possession of the suit property. They raised the defence setting up title in themselves adversely both to the mortgagors and the mortgagee. Thereupon the plaintiff exonerated them and gave up the suit against them and having done this he proceeded to enter into a compromise with the mortgagors. All these facts are set out in para. 10 of the learned District Munsifs judgment. The decree in that suit is Ex. E-3 and it states:

This case coming on for hearing this day in the presence of the plaintiff and of defendant 1 and guardian of defendant 2 in person, defendants 3 and 6, be