(1.) THIS is a defendant's petition against the order of the Small Cause Court Judge. Aska, which raises an interesting question of law as to from what date the period of limitation will begin to run as provided under Article 99 of the Limitation Act. The facts are rather simple. In T.S. No. 26 of 1950, the petitioners and the opposite party were the defendants. Admittedly defendants 1 to 4 were set down, ex parte in that suit. But nevertheless a joint decree was passed against the petitioners and the opposite party. When execution of that decree was levied by the decree -holder, the opposite party Sukuru Panda paid the entire decretal dues. Accordingly he filed the present suit against the petitioners (S. C. C. Suit No. 217 of 1954 of the Court of the Munsif of Aska) for contribution. The trial Judge decreed the suit on contest against the petitioners and ex parte against defendant 2. Thus, the only question I am called upon to decide is whether or not the suit is barred by limitation.
(2.) BEFORE I proceed to deal with the question of law, it would be necessary, to state certain facts. The payment in the execution case admittedly was made by the opposite party to the process server on 23 -9 -51 while he went to serve certain processes. The payment order, however, in favour of the decree -holder, wag passed on 19 -10 -51 and the present suit by the opposite party was filed on 10 -10 -54. The learned trial Judge held that the time would begin to run from the date on which the payment was made to the decree -holder that is, 19 -10 -51 and accordingly he decreed the plaintiff's suit.