Venkalasubba Rao, J.

1. This is a letters Patent Appeal from the judgment of Wallace, J. One Subba Rao was a shareholder of the 2nd defendant company. A money decree was passed against him and in execution of it certain shares belonging to him together with the dividends that had accrued were attached and sold. The plaintiff who became the purchaser at the Court-sale has instituted the present suit for the recovery of the dividends. The short question to be decided is: What is the article of the Limitation Act that is applicable to the case? The defendant company contends that the period of limitation is three years, whereas the plaintiff urges that the period is six years. Wallace, J. was of the opinion that the suit would have been in time had the plaintiff been a shareholder but that the plaintiff would not fall under that article. The ground of his decision is that Ripon Press and Sugar Mill Co., Ltd. v. Nama Venkatarama Chetty (1918) I.L.R. 42 Mad 33 : 35 MLJ 256, which lays down that a suit for return of deposit is governed by Article 116 is inapplicable, if the suit is brought not by a shareholder between whom and the company there is a contractual relation but by a t