1932 Present : Dalton and Drieberg JJ.

HOARE & CO. v. RAJARATNAM.

81 - D. C. Colombo, 35,309.

Prescription-Acknowledgment of debt-Request for time not granted-Benefit of condition-Plea in bar raised in appeal.

Where the acknowledgment of a debt is coupled with a request for time, which was not granted,-

Held, that the creditor was not entitled to avail himself of the benefit of the condition he had rejected, in bar of prescription.

A plaintiff cannot rely upon a ground of exemption from the law of limitation raised for the first time in appeal.

APPEAL from a judgment of the District Judge of Colombo.

Nadarajah, for defendant-appellant.

N. E. Weerasooria, for plaintiff-respondents.

April 29, 1932. DALTON J.-

The respondent firm has obtained judgment in the lower Court against the defendant (appellant) for the sum of Rs. 1,357.85 in respect of goods sold and delivered and work and labour supplied. The defendant pleads that the amount is prescribed.

The last item in the account attached to the plaint is dated January 16, 1928. The plaint was filed on October 30, 1929. The plaint did not set out, as it should have done under the