JUDGMENT

1. This appeal arises out of a suit for sale upon a mortgage which was decreed by the Court of first instance but was dismissed by the lower appellate Court on the ground that according to the recent decision of the Privy Council it was barred by 12 years' rule of limitation. The plaintiff has preferred this appeal and it is contended on his behalf that having regard to the provisions of Section 31 of Act IX of 1908 the suit ought to be heard and should not have been dismissed on the ground of limitation. Mr. Haribans Sahai on behalf of the respondent has addressed to us an ingenious argument to the effect that the first paragraph of Section 31 does not apply to appeals instituted before the date of the passing of the Act. "We are unable to agree with his contention. The language of the section is very clear. The section provides that no suit for foreclosure or sale instituted within a period of sixty years and pending at the date of the passing of the Act "either in a Court of first instance or of appeal shall be dismissed on the ground that a twelve years' rule of limitation is applicable." The present suit was instituted within sixty years from the date when the money se