Ross, J.This is an application by the defendant in a suit brought in the Small Cause Court of Darbhanga. The plaintiffs carry on business in Darbhanga and the defendants carry on business in Allahabad. According to the allegations in the plaint business was conducted between the parties on condition that the defendants purchased grain from the plaintiffs firm by means of letters and through the defendants gomashta and paid the price thereof from time to time. The suit was, for a sum of Rs. 435 due on the balance of the account. The plaint alleges that the cause of action arose on various dates, these dates being the dates on which the different items were debited in the account, the earned Counsel for the petitioners points out that six items on the debit side and two items en the credit side were barred by time when the suit was brought, and that if these items are excluded there is actually a balance in the defendants favour. The learned Vakil for the opposite party did not contest the facts but argued that this was a case governed by Article 85 of the Limitation Act, being a claim on the balance of a mutual, open and current account where there have been reciprocal demands between the parties. It is clear on the authority of Ram Pershad v. Harbans Singh 6 C.L.J. 158 and Velu Pillai v. Ghose Mahomed 17 M. 293 : 4 M.L.J. 140 : 6 Ind. Dec. 203 that this is not a mutual account, even if there may have been occasionally a balance in the defendants favour, as appears from some of the letters. It is unnecessary to discuss the other points and the suit must clearly, therefore, fail. The application is allowed and the suit is dismissed with costs.

2. Hearing fee one gold mohur.