Debi Dihal and Others vs Mula Raj and Others

Straight, J.—We do not find fault with the Judge''s application of Article 178 of the Limitation Law, but we differ with him upon the question as to when the right accrued to the appellant to apply to be recouped the excess amount paid by him. We think that the proper date must be that when the account was taken and stated on the application of the defendants in the course of the proceeding in execution to enforce his judgment against the plaintiff. The appeal is decreed with costs, and the order of the Judge being reversed, that of the Subordinate Judge will be restored.