(1.) The District Judge has found a personal agreement by the defendant with the plaintiff to pay certain debts owing by the plaintiff. The plaintiff has paid these debts-The date of the agreement was January 15th, 1898, and the suit was instituted on December 5th, 1904. The question is: Is the plaintiff s claim to recover under the agreement in respect of the debts paid within three years from the institution of the suit barred by the law of limitation?
(2.) The contention on behalf of the plaintiff was that his cause of action arose on the dates of payment of the several debts, which the defendant had agreed to pay. The defendant s contention was that the plaintiff s cause of action arose on the repudiation of his liability under the contract by the defendant, or on the breach of the contract by the defendant, the breach to be deemed to have occurred on the expiry of a reasonable time from the date of the contract (Section 49 of the Indian Contract Act.)
(3.) The District Judge finds against the fact of the alleged repudiation, but assuming the defendant repudiated his agreement more than three years before the institution of this suit, we are of opinion that time would not begin to run as against the plaintiff from the date of the repudiation of the agreement by the defendant.