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Issues:
1. Limitation period for filing the suit. 2. Whether the suit is founded on contract or trust. 3. Analysis of trust principles in the agreement. 4. Application of the rule for substantial justice in revision. Analysis: Issue 1: The primary issue in this case revolves around the limitation period for filing the suit. The agreement in question was reached on 3rd January 1935, with the second installment due on 15th March 1936. The plaintiff filed the suit on 20th March 1939, leading defendant 1 to argue that the claim is time-barred. The plaintiff failed to amend the plaint or provide any explanation for the delay, leading to a defense of limitation being raised. Issue 2: The next crucial aspect is determining whether the suit is founded on contract or trust. The plaintiff argued that the suit is based on trust, claiming that he is a beneficiary of the agreement between defendant 1 and defendant 2. However, the court analyzed the nature of the agreement and concluded that it constituted a valid and binding contract between the plaintiff and defendant 1. The consideration received by the plaintiff under the contract was the promise of defendant 1 to pay the debt owed by defendant 2, thus establishing a contractual relationship. Issue 3: Further examination focused on trust principles within the agreement. The court differentiated between a trust and a contract, emphasizing that a trust involves a fiduciary relationship and the beneficiary holds an equitable interest in the property. The agreement in question did not confer any interest in the property to the plaintiff or grant him the right to compel defendant 1 to transfer the property, indicating the absence of a trust relationship. Issue 4: Lastly, the application of the rule for substantial justice in revision was deliberated. The court acknowledged the importance of ensuring justice but highlighted that the rule applies to rectifying technical errors, not to salvage claims inherently barred by law. Consequently, the court allowed the application, set aside the lower court's decree, and dismissed the plaintiff's claim against both defendants, emphasizing that defendant 2's debt was extinguished under the agreement, leaving no basis for further action against her. In conclusion, the judgment delves into the intricacies of contract law, trust principles, and procedural considerations, ultimately clarifying the nature of the agreement and the limitations surrounding the plaintiff's claim.
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