1The simple question for consideration in this appeal filed by the defendant against a money decree is whether the claim is barred by limitation.

2 Exts. A1 to A3 are the three orders placed by the respondent on 29-3-1974, 4-4-1974 and 28-8-1974 for fabrication and errection of tanks and fabrication and supply of trusses. The fourth one is for rectification of the defects of a transformer. The total claim was for Rs. 1,96,743.80. As on 8-10-1977, respondent claimed Rs. 66,443.80 after deducting receipts. Ext. A4 (a) is the statement of accounts sent along with Ext. A4 letter to that effect. Thereafter, the appellant paid Rs. 20,000.00 on 4-4-1978 and Rs. 22,000.00 on 14-8-1979. Balance claim is Rs. 24,443.80. Suit was filed on 8-10-1980.

3 No acknowledgment is pleaded in the plaint for saving limitation. Dates of cause of action mentioned in the plaint are those of Exts. A1 to A3 in 1974, the date of demand in 1976 and the date of payments in 1978 and 1979. The dispute is whether Art.18 or 26 of the Limitation Act will apply. Relying on the decisions in Bulakhidas Marwari v. Ganpatrao and another ( AIR 1946 Nagpur.112 ) Gordon Woodroffe and Co. (Madras) Limited v. Shaika M. A. Majid

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