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defendant to ask us to treat the
acknowledgment as one merely saving limitation in respect of advances
made prior ... time is not a plea of limitation in reference to the
acknowledgment on which the suit is founded
Allahabad High Court
three years under Article 59 of the Indian Limitation
Act. The first acknowledgment must, therefore, be made within three
years ... Exhibit 48, which was a subsequent
acknowledgment would not save limitation. The plaintiffs' claim,
therefore, is, in our opinion, barred
Bombay High Court
paid up." Niamatullah J. held that this acknowledgment saved
limitation. He says:
It is conceivable that there ... acknowledgment was made within the period prescribed
for limitation. An acknowledgment of liability does not necessarily
imply an admission that
Allahabad High Court
sought to be used as an acknowledgment
for extending the period of limitation. After referring to this
statement ... utility of an unconditional acknowledgment for saving the bar
of limitation, and in that connection, it was observed that
Rajasthan High Court
recover only that rent which was within limitation.
Regarding acknowledgment, the defendant pleaded that she did not
acknowledge that ... Sections 23 and 24 which deal with
"acknowledgment". Section 24 of the Limitation Act, 1939 expressly
provides that acknowledgment referred
Rajasthan High Court
this. Mr. Datar says
that under Section 19, Limitation Act an acknowledgment must be made
within the period prescribed ... suit under the schedule to the
Limitation Act. If an acknowledgment is made within the extended period
given by Section
Bombay High Court
start for commutation of the
period of limitation but that the acknowledgment must be before the
debt acknowledged is actually ... only gives a fresh period
of limitation from the date of acknowledgment in respect of such items
only as were
Patna High Court
statement?"
and 14, "Whether it amounts to acknowledgment saving the bar of
limitation?" The findings were all in favour ... however, Section 19 of the Indian Limitation Act
requires that an acknowledgment of liability shall be made in writing
Bombay High Court
acknowledgment to be an effective acknowledgment, under
Section 19 of the Limitation Act, must be communicated to the
mortgagee ... against the
debtor. Section 19 of the Limitation Act deals with acknowledgments of
liability of right or property before
Patna High Court
family
could acknowledge the debts and whether such acknowledgment could save
limitation; that is not the point that arises ... purposes of Section 19 of the Limitation Act, the
acknowledgment relied upon must on the fact of it purport
Madras High Court
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