Madhavan Nair, J.

1. Plaintiffs are the appellants. Two points arise for determination in this second appeal, (1) Whether the plaintiff is entitled to a refund of Rs. 700 claimed by him in the plaint and (2) whether his suit is barred by limitation. The lower Court found that the plaintiff was entitled to the return, of the money because the breach of the contract under which the money was claimed was due to the default on the part of the defendants : But agreeing,, with the first Court it held that the suit was barred by limitation and hence the. suit was dismissed. On the merits the lower Courts finding was that there was really no contract entered into between the parties as each one had a different idea as to the nature of the contract that he was entering into with the other and that the contract was the result of a mistake. This would mean there was no contract at all between the parties. If So, I could not understand how the question of default is material. On the merits I am inclined to hold that the plaintiff will be entitled to get a refund of Rs. 700 which he has paid if the claim is not barred by limitation.

2. The question of limitation is the important point for