Venkataramana Rao, J.

1. This appeal raises a question of limitation. The suit was to recover a sum of money due in respect of two promissory notes dated 7th May, 1922, executed by the defendant in favour of the plaintiff. Subsequent to the execution of the promissory notes, the creditors, presented a petition in insolvency on 7th November, 1922, to adjudicate the defendant an insolvent. The order of adjudication was passed on 21st March, 1923. The adjudication order was annulled on 5th April, 1928. The suit was instituted on 23rd October, 1930. The plaintiff seeks to escape the bar of limitation by alleging that he is entitled to exclude the whole period during which the proceedings in insolvency were pending, that is, from 7th November, 1922, the date of the presentation of the insolvency petition to 5th April, 1928, the date of annulment. The contention of the defendant is that the plaintiff is entitled to exclude only the period from the date of the order of adjudication, namely, 21st March, 1923, to 5th April, 1928, the date of annulment. The learned District Judge has given effect to the contention of the defendant and hence this appeal is preferred by the plaintiff.

2.