(1.) The court below, on a preliminary issue as to whether the suit was barred by limitation held that it was not. The defendant has filed this revision against the finding on the preliminary issue.
(2.) The suit was for recovery of the amounts of paid up subscriptions in a chitty of which the defendant was the subscriber. The chitty was terminated on 30th September 1967. It is common ground that ordinarily and normally the suit would have to be instituted on or before 30th September 1970. But it was actually filed only on 8th February 1972. The plaintiff sought to escape the bar of limitation by contending that the defendant was an agriculturist entitled to the benefits of the Kerala Act 11 of 1970 and in view of the provisions in this Act, barring institutions of suits, against agriculturists, the limitation was saved in the instant case. The Trial Court found the preliminary issue as already noted, in favour of the plaintiff. The relevant provisions in the Act to notice in this connection are, S.3, sub-s.(1) and (2), S.4, S.10, Clause (3) and S.19(1). S.4 allows the benefit of instalment payment of debts due by agriculturists. It is unnecessary to notice that section. The remaining Sections namely S.3(1) & (2), S.10(1) and (3) and S.19 may be set out in full:
(3.) On the wording of the Sections, it seems to us that S.3 prohibits the institution of a suit only for a period of six months from the commencement of the Act. Sub-s.(2) and (3) itself in the latter part of it seems to us to recognise that suits which if not instituted, would have been barred by limitation, could well be tiled even against agriculturists, and sub-s.(3) of S.10 affords another indication that suits may well be filed after the expiry of six months from the commencement of the Act. Despite the fact that in such suits a decree should be passed only for the immediate payment of such instalment or instalments as would have become due under the provisions of S.4, and for payment of the balance in further instalments as specified in the sub-sections.