Wort, J - (1.) This appeal is against the decision of the Subordinate Judge in an action in which the Bagha Co-operative Society claimed a certain sum of money--a loan taken by one Munshi Muna Pal. The Judge in the Court below held that the action was barred by limitation. I must say that when the case was first opened, it seemed impossible to support the contention of Mr. Mitter appearing on behalf of the plaintiff-appellant that the letter of 3 February 1928, upon which he relies, gave a fresh start to limitation, and I am bound to add that I find some difficulty in coming to a conclusion in the matter. The question in the case was whether by the letter of 3 February 1928 a fresh start to limitation was given under Section 20, Limitation Act. The facts which it is necessary to state are very few. Although Munshi Muna Lal actually borrowed the money from the Bagha Co-operative Society, it has been found by the Court below that it was taken by Munshi Muna Lal on behalf of defendant 1, in other words, defendant 1 was the debtor.
(2.) Before dealing with the main point in the case I propose to refer to two arguments addressed to us by the learned advocate for the respondents, who were defendants in the Court below. The first is as regards limitation and the second is with regard to the nature of the liability of defendant 1. So far as limitation is concerned, it was contended that this Court ought to hold, supporting the judgment of the Court below, that the action was in any event barred by limitation, that is to say, that the action was already barred when the letter of 8th September 1927 upon which this claim rests, was written. There is certainly nothing on the face of the record to entitle this Court to come to any such conclusion, and indeed it was never suggested in either of the Courts below that the action was so barred. The only question was whether the period of limitation between 8 September 1927 and the date upon which this action was brought was such as to bar the action; and, as I have already indicated, the only way the plaintiff could get out of that case was to show that by the letter of 3 February 1928 a fresh start to limitation had been given. As regards the other question, the nature of the liability of defendant 1 it was contended by the learned advocate appearing on behalf of the defendant-respondents that the Court below had no right to come to the conclusion that defendant 1 was the debtor, that is to say, that it was on his behalf that the money had been advanced. But, as I have already said, the basis of the claim was the letter of 8 September 1927 which is to the effect: In obedience to your letter dated 8 September 1927 I beg to state that I hold responsible myself regarding the payment of the dues against Munshi Muna Lal, a member of the Bagha Cooperative Society, by 15 January, 1928.
(3.) The letter is then signed by defendant 1. It is rather difficult to ascertain from the plaint exactly what the case of the plaintiff is: whether it is a case of defendant 1 being a surety, whether defendant 1 was to be looked upon as a principal debtor, or whether Munshi Muna Lal was to be looked upon as the principal debtor. But one matter is perfectly clear and that is that the letter of 8 September 1927 does not put defendant 1 who wrote the letter in the position of a surety; he becomes by that letter on its proper construction the principal debtor whatever the position may have been prior to the date upon which the letter was written. In my judgment, therefore, that point cannot avail the respondents. The only other question, the main question in the case, is whether the payment has been made and acknowledged within the meaning of Section 20, Limitation Act. The letter of 3 February 1928 is a letter signed by Debi Mangal Prasad Sinha and its relevant portion is to this effect: I would like to bring to your kind notice that on 30 January 1928 I had been to Bettiah for paying respect to you and depositing money on behalf of Munshi Muna Lal, but to my great misfortune I could not see you. The money has been deposited.;