RYVES
Jiwan Mal – Appellant
Versus
Jageshar Kasondhan – Respondent
JUDGMENT
Ryves, J. - This application in civil revision raises a somewhat difficult point. The defendant executed a registered bond on the 8th of July 1911 for Rs. 250. It was recited in the bond that on making up accounts this Bum was due to the predecessor-in-title of the plaintiffs by the defendant and that he was unable to pay the money at once, it was agreed between the parties that he would pay it by twelve six monthly instalments. So long as the instalments were paid no interest was chargeable. But it was covenanted that if the instalments were not paid the failure of one instalment would entitle Ram Deo Marwari to recover the whole amount due at once together with interest Rs. 12 per cent. per annum. The suit was filed in the Court of Small Causes on the 26th of May 1921. The bond was a registered one and, therefore, was governed by the rule of six years' limitation. The plaintiff claimed that his cause of action arose on the 7th of May 1917, the day on which the last instalment was due. The defendant admitted execution and consideration, but pleaded that the suit was barred by limitation. The Court below has found that not a single instalment had been paid and held that the
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