1925 (5) TMI 3

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....d. The question that has to be decided is whether the suit was barred by limitation. The first Court held that no portion of the claim was barred and decreed the plaintiff's suit in full. On appeal the lower Appellate Court held that the suit was barred in respect of the first four instalments. 2. The instalment bond contains the following provisions in case of default: In default ....

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....proval certain remarks in the decision in Hurri Pershad Chowdhry v. Nasib Singh 21 C. 542 : 10 Ind. Dec. 992. In the report at page 300 Page of 31 C.-[Ed.] there is an obvious mistake in the quotation. The passage quoted should be as follows: "Nor do we think(that any distinction can be drawn, as has been attempted to be drawn, between a case in which it is provided that on nonpayment of an instal....

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.... has not been a waiver. Although the defendants in their written statement alleged payment of certain sums towards the principal, the plaintiffs on their own case did not accept these payments on account of the instalments in arrear. They admittedly received these sums amounting to Rs. 150. Of that amount about Rs. 97 was credited to some other debt and Rs. 53 was credited, not in payment of insta....