Cornish, J.

1. The point for decision in this appeal is whether the plaintiff--appellants suit is governed by Article 62 of the Limitation Act, in which case it is time barred, or by Article 120, in which case the suit will be in time.

2. The appellant was auction-purchaser at a Court-sale of certain items of property sold by defendants 5 to 10 in execution of a decree obtained by them in a Rent suit against defendants 3 and 4. The date of the sale was 25th September, 1918, and it was confirmed on 11th December, 1918. The purchase price was Rs. 2,525 which was duly deposited in Court. In the meantime a stranger in these proceedings had brought a suit O.S. No. 723 of 1918, for recovery of possession, alleging that in as much as the judgment-debtors had already sold the lands to him they had no saleable interest in the land, and that there were irregularities in the sale to the appellant. This suit was decreed on 15th December, 1919, the Court holding that there were irregularities in the conduct of sale sufficient to set it aside. A prohibitory order had been obtained against the Deputy Collector that he should not part with the purchase-money deposited by the appellant. But t