H. R. KRISHNAN, J.

( 1 ) THIS is an appeal by the plaintiff from the judgment of the first appellate Court reversing the decision of the trial Court allowing the plaintiff's suit for the principal of a loan of Rs. 1000/-and interest at a rate lower than the one claimed. The appellate Court held that the suit of the plaintiff was time-barred; because the payment by a cheque in the handwriting of the borrower, is not an acknowledgement for the purposes of Section 20 of the Limitation Act, and does not give a fresh term of limitation, unless the cheque is honoured and the money is realised. As in this case the cheque concerned was not honoured, limitation was not saved under Section 20 and the plaintiff's suit stood time-barred. The appellate Court did not consider whether the plaintiff could have been granted any relief on the fact of the cheque itself being dishonoured; the plaintiff himself had not made that prayer in so many words. ( 2 ) THE facts of the case are the following: It is common ground that the plaintiff advanced a loan of Rs. 1000/- in cash on 11-6-1952. There was a receipt and interest was to be at one per cent. On 10-7-1953 the defendant passed a cheque for one thou

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