DEB NARAIN DUTT Vs. RAM SADHAN MANDAL

JUDGEMENT

(1.) Defendants Nos. 1 to 4 in this case executed a simple bond in favour of the plaintiff in July 1899. They appear to have deposited with him a pattah which Seems to have been a title- deed covering some of their properties. In August 1903 these defendants conveyed their land to defendant No. 5 and it was then arranged between all the defendants and the plaintiff, that defendant No. 5 should pay off the plaintiff out of the purchase-money and that the plaintiff should accept defendant. No. 5 as his debtor in the place of the first four defendants. The conveyance was registered.

(2.) The plaintiff has now brought this suit against all the defendants on the original bond and recited in the plaint the circumstances under which he is entitled to hold defendant No. 5 responsible.

(3.) The suit has been dismissed by both the Courts below on the ground of limitation. It has been held that defendants Nos.1 to 4 have no longer any liability to the plaintiff after the arrangement of August 1903, and as regards defendant No. 5 that he is liable only under an oral contract, and that consequently the suit is barred by limitation.