1. This appeal has been on behalf of the plaintiff Hakim Rahman Bux, against the decision of the first Additional Subordinate Judge of Bhagalpur dated the 7th February, 1949 reversing a decision of the Munisif, 1st Court, Bhagalpur, dated the 31st May, 1948.

2. The question debated in this appeal is whether the suit of the plaintiff is barred under Article 132 of the Limitation Act or whether Sec.20 of the Limitation Act applies and a fresh period of limitation should be computed from the date of payment made by defendant No. 1, Muhammad Mahmood Hassan one of the sons of Mahboob Ali, who had borrowed the money from the plaintiff on the basis of the mortgage bond dated the 25th of February, 1923.

It appears that Mahboob Ali died and was succeeded by his heirs, namely, his widow, defendant No. 4 who had an interest to the extent of 4 annas, three sons, who had each ah Interest of 3 annas 6 pies, and all his daughters, who had an interest to the extent of 1 anna 9 pies each. It has been found by the lower court that defendant No. 1. had made part payments from the 13th of March, 1925, to the 20th of October, 1940, the total amount being Rs. 2000/-. It has also been found by th