Mutual account under limitation law rejected where occasional credit balances did not create reciprocal demands.

The account was not mutual in law because occasional balances in favour of the defendants did not create reciprocal demands, so the claim for the balance of account could not be treated as one on a mutual, open and current account. Article 85 of the Limitation Act therefore did not apply, and the suit was liable to fail.

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Issues: Whether the suit for the balance of the account was governed by Article 85 of the Limitation Act as a claim on a mutual, open and current account with reciprocal demands.

Analysis: The account was not mutual in law. Occasional balances in favour of the defendants did not convert the dealings into a mutual account, and the claim could not be brought within Article 85 on that basis.

Conclusion: The suit was not governed by Article 85 of the Limitation Act and was liable to fail.

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