Ewart Greaves, J - (1.)This is an appeal by the first defendant against a decision of Mr. Justice Buckland. The facts are not in dispute and I may state them very shortly.
(2.)The claim in the suit was for a sum of Rs. 20,000 based on an agreement, dated the 28th of August, 1919, and the agreement came to be under the following circumstances:--One Abdul Gunny between the 25 of September, 1918, and the 2nd of April, 1919, executed ten promissory notes and hundis for Rs 22,100 in all in favour of the plaintiff Miriam Elias and also one promissory note, one for Rs. 1,100, in favour of the plaintiff Jonah Reuben Jacob. These were assigned by Miriam Elias and Jonah Reuben Jacob on the 2nd of July, 1919, to the defendant Alee Coyne for realization. Coyne instituted two suits to recover the amounts due on the hundis and the promissory note. He obtained a decree in the first suit for a sum of Rs. 22,485 odd, but before the second suit was brought to trial an agreement was arrived at between the parties which is the agreement sued upon. This is dated the 28 of August, 1919. The parties thereto were Alee Coyne, the defendant, Abdul Gunny and the appellant Shamsud Ali. By the terms qf the agreement Shamsud Ali was to pay a sum of Rs. 28,000 in full satisfaction of the amounts due to the defendant Coyne. Rupees 8,000 was paid in part performance of the agreement on the 14 of October, 1919. Then subsequently the defendant, Hira Lall-Hoti Lall attached the balance in Shamsud's hands for the payment of a debt due from Alee Coyne to Hira Lall-Hoti Lall and thereupon the plaintiffs commenced a declaratory suit for a declaration of their title to the sum of Rs. 20,000. The suit was decreed on the 13 of February, 1923, and it was thereby declared that the plaintiffs were entitled to the sum of Rs. 20,000 in the hands of Shamsud Ali and the plaintiffs agreed to pay out of this amount a sum of Rs. 6,000 to Hira Lall Hoti Lall.
(3.)The plaint in this suit is dated the 10 of March, 1923, and the only point that arises in the appeal is whether the claim in the suit is barred by limitation.