THOMAS Vs. JOHN DSA MARIAN DSA

JUDGEMENT

(1.) THIS second appeal arises from the decision of the Subordinate Judge Mangalore, S. K. in Appeal Suit No. 141 of 1961 on his file.

(2.) SRI B. P. Holla, the learned counsel for the appellant, formulated the following three questions of law for decision. They are: (1) whether the suit is barred by the law of limitation: (2) whether the plaintiff who is a third party to the contract can sue for the amount in question; and (3) what is the quantum of interest to which the plaintiff is entitled to.

(3.) PRIMA facie the suit is barred by limitation as the same was filed about 22 years after the plaintiff completed 24 years of age. But, it is said that the suit is not barred by time in view of Section 10 of the Limitation Act. This section has not been relied on in the plaint All that is staled in the plaint was that the amount in question had been deposited in the hands of the defendant; a demand for the same was made on 24 -1 -1959, and therefore the suit is within time. Evidently at the time of the institution of the. suit reliance was only placed on Article 60 of the Limitation Act.