JUDGMENT

Bennet, Ag. C.J.

1. This is a reference by the Small Cause Court Judge of Saharanpur of the following point for the decision of this Court:

Whether an endorsement; of payment made at the back of a pro-note more than three years after its execution but during the close holidays of the Civil Courts which had begun prior to the completion of three years period gives a fresh start of limitation u/s 20 read with Section 4, Limitation Act?

2. The reference was laid before a Bench of two Judges and those Judges decided on 9th August 1937 that there were conflicting rulings on the point:

Accordingly we direct that this case be laid before the Hon'ble the Chief Justice with the request that he be pleased to constitute such a Bench (a larger Bench) for the decision of the question involved in the reference.

3. Under the High Court Rules Ch. 1, Rule 3-A, a Bench was constituted of three Judges by order of 6th September 1937. Before that Bench assembled, a similar point of limitation had been the subject of a decision by a Full Bench which is reported in L. Shanker Lal and Another Vs. Rana Lal Singh and Another . This decision was made on 5th January 1938, and reported in February. The lear