1928 Present: Garvin J.

EMMANUEL v. NAMASIWAYAM.

283-C. R. Jaffna 18,428.

Prescription-Goods sold-Absence beyond the seas-Death-Period of limitation-Ordinance No. 22 of 1876, s. 15,

Where a person in whose favour a cause of action accrued was at the date absent from the Island and died during such absence,-

Held, that the period of limitation commenced to run against him from the date of his death.

APPEAL from a judgment of the Commissioner of Requests, Jaffna.

H, V. Perera, for defendant, appellant.

Nagalingam, for plaintiff, respondent.

April 8, 1928. GARVIN J.-

This was an action by the administrator of the estates of two persons of the names of Babu Lall and Mathan Lall who were at one time carrying on a business in Ceylon. The claim is for a debt due in respect of goods sold and delivered. Such a claim would ordinarily be barred after the lapse of one year from the time when it became due. The cause of action originally arose some time in the year 1923, but the plaintiff pleaded that by reason of a certain payment on account made on October 4, 1924, during the absence from the Island of both the partners, and in consequence