F H PELL Vs. MGREGORY

JUDGEMENT

(1.) This is a reference by my learned brother, Walmsley J., and me to a Full Bench.

(2.) The facts of the case are set out in the referring judgment, and it is, therefore, not necessary for me to state them again.

(3.) My learned brother and I decided that Art. 183 of the Limitation Act of 1908 does not apply to the appellant's application for a decree under Order XXXIV, rule 6 of the First Schedule to the Civil P. C., 1908.