RAMACHANDRA IYER, J. :- This appeal arises out of the decree and judgment in C.S. No. 14 of 1950, on the original side of this court. The plaintiff is the appellant. He instituted the suit under the Summary Chapter against the respondent for the recovery of a sum of Rs. 35,350 on the foot of a registered bond, Ex. P. 1, dated 3-3-1937, executed by the respondent and his father. The debt remained undischarged to any extent till the date of the suit. The respondent was granted on his application leave to defend, on condition that he deposited a sum of Rs. 3617 in court.

This was done by the respondent. In the trial the only pica that was raised was that the action was barred by limitation inasmuch as the bond was one which stipulated for the repayment of the debt in seven annual instalments commencing from 1-1-1938, and that under Art. 74 of the Limitation Act only the claim in respect of the last instalment of Rs. 2000 which fell due on 1-1-1944 was in time. Hamaswami Gounder, J., who tried the suit upheld this plea and held that on a reading of the bond, particularly, clause (b) it was clear that the time to sue for the instalments had started to run when there was a defaul