NARENDEA NATH SARKAR Vs. RAI CHARAN HALDAR

JUDGEMENT

(1.) The only point which arises in this appeal is whether the suit is barred as against the minors Narendra Nath Sarkar and Surendra Nath Sarkar, who are the defendants No Section 1 and 2.

(2.) The suit is brought upon a bond dated the 11 Bysack 1295, executed by Soudamini Dasi, the certificated guardian of the minor defendants, and one Kamalbasini I asi. The bond was executed for a sum of R Section 500 borrowed by Jogendra Nath Sarkar, the brother of the minors, who is now dead. The plaintiff now sues for the debt.

(3.) The Lower Appellate Court has held that the suit is barred as against Kamalbasini Dasi, the defendant No. 3, but that a fresh period of limitation has arisen owing to certain payments made by the certificated guardian of the minor defendants No Section 1 and 2, so that the suit is not time-barred against them.