KUMARAN Vs. MATHAI

JUDGEMENT

(1.) An interesting question has arisen in this appeal and that relates to the limitation for the suit. The suit is on a hypothecation bond, Ex. P2 dated 12-8-1124 M.E. corresponding to 25-3-1949 A.D. The suit is filed on 12-2-1137 corresponding to 28-9-1961. The plaintiff contends that the defendants are agriculturists and, therefore, a period of six months during which the suit could not have been instituted by reason of the 'provisions of the Travancore Cochin Act III of 1956 should be excluded in computing the period of limitation, which it is agreed is 12 years from the date of the bond. Therefore, the total period available would be 12 years and 6 months. If the 'Malabar year' is taken into account, the suit is seen to be filed exactly on the last day of 12 years and 6 months and if the period is to be reckoned according to the British calendar, the suit will be seen to be filed after the expiry of the period of 12 years and 6 months. The only question urged before me by the learned counsel for the defendants who are the appellants here is that the period has to be reckoned according to the British calendar year and, if so reckoned, the suit would be barred.

(2.) At the time when Ex. P2 bond was executed, it was the Travancore Limitation Regulation VI of 1100 that was in force. S.26 of that Regulation provided.

(3.) The question is whether the provisions of the Travancore Limitation Regulation and in particular S.26 would govern the matter of reckoning the period for the purpose of limitation. If the matter fell to be decided under the Travancore Regulation, certainly it will be the Malabar year that will have to be reckoned for construing whether, on the date of institution of the suit, it will be barred by limitation and. if that be the case the suit would not have been barred. No doubt, the starting point of the period of limitation was at a time when the Travancore Limitation Regulation was in force. On the date of institution of the suit the Indian Limitation Act had come into force and the period, if reckoned under that Act, would be that according to the Gregorian calendar and then the suit would be barred.