MOHENDRA NATH GHOSH Vs. JADU NATH MULLIK

JUDGEMENT

(1.) The question raised before us in second appeal is whether the plaintiffs suit for accounts against the defendant, who was a gomasta, has been properly dismissed under the provisions of article 89, Schedule II, of the Indian Limitation Act so far as the suit concerned the defendant's agency in the life-time of the plaintiffs father.

(2.) The first Court gave the plaintiffs a full decree; but on appeal to the District Judge, the latter has applied the provisions of article 89 and dismissed the suit to that extent, reckoning the period of three years mentioned in the article as having commenced to run from the date of the death of the plaintiffs father, which happened in the year 1308 B. S., that is to say, more than three years before the institution of this suit in the year 1905.

(3.) It is urged by the learned Vakil for the plaintiffs-appellants that article 120, and not article 89, is applicable.