JUDGMENT

Gangeshwar Prasad, J. - The question involved in this appeal is one of limitation.

2. The facts which are no longer in dispute are that between 25-6-1951 and 16-4-1952 the plaintiff supplied to the defendant various consignments of bricks required by the latter for the construction of his house. The total price of the bricks supplied was Rs. 3,002/2/- and the payments made by the defendant from time to time amounted to Rs. 1,370/-.

3. These payments included a sum of Rs. 100/- paid by the defendant on 24-12-1953 by means of a cheque. The plaintiff filed the suit which has given rise to this appeal for the recovery of Rs. 1,793/2/. due to him as balance of price including interest thereon. The suit was filed on 22-12-1956 and it was claimed by the plaintiff that limitation was saved on account of the above payment of Rs. 100/-. The defendant contested the claim. The trial court dismissed the suit as barred by time but on appeal the lower appellate court held the suit to be within time and passed a decree in favour of the plaintiff for the amount sued for. The defendant has come up in appeal to this Court. The only point in controversy now is whether the payment of Rs. 100/-