Bhawani Kuar And Anr. vs Rikhi Ram And Anr.

JUDGMENT Spankie, J.

1. We are of opinion that the decision of the Judge is erroneous.

2. (Ram Kishen v. Bhawani Das I.L.R. 1 All. 333). The suit is not one for damages, but, under the circumstances, rather one for money payable by the defendant to the plaintiff for money received by the defendant for the plaintiff's use. The later decisions of this Court, and notably the one marginally noted, take this view of the law. The limitation would be three years. We reverse the decision of the lower Appellate Court, and remand the appeal for re-trial on the merits; costs will abide the result.