( 1 ) THIS is an appeal by the plaintiff from the decision of the trial Court holding that, while he has proved all the elements necessary for obtaining the money decree sought against the defendants, his suit fails all the same, on the ground of limitation, because even using the giving of cheques as step-in-aid of limitation, the starting point of the new term of limitation would be the date on which the cheques were actually handed over, and not the later one on the "post-dated" cheques. The questions for decision are the following: (1) First, what has been raised during this appeal by the respondents, namely, whether the appeal itself is time barred the appellant not being entitled to the exclusion of the entire period taken in the preparation of the copy of the judgment and decree. (2) Secondly, whether in the circumstances of the case the trial Court was at all justified in inferring without any pleading in this regard that the three cheques had been postdated and had been given, two of them Ex. P/1 and P/2 on 7-9-1954 and Ex. P/8 "two days later", that is, on 9-9-1954. (3) Even on the assumption that the cheques were post-dated, whether the trial Court was justified in start

Click Here to Read the rest of this document