Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Unconditional leave to defend - Suit for recovery by Bank - Plea of limitation - Bank neither seeking extension of time on basis of acknowledgment, nor that suit is based on last entry of current account - Held, defendant is entitled to unconditional leave to defend on ground of limitation...........
Limitation Act, 1963, Section 19 -- `Acknowledgment' - Mere making of payment before the expiry of the prescribed period is not sufficient - Acknowledgment of payment has to be in the handwriting of or in a writing singed by the person making payment...........
Limitation Act, 1963, Section 18 -- Acknowledgment - Provision prescribes rigid conditions for its applicability - In order to amount to an acknowledgment to save limitation, a writing has to be signed by the parties or by any person through whom he derives his title or liability and afresh period of limitation shall be computed from the time when the acknowledgment was so..........
Limitation Act, 1963, Section 17 -- Acknowledgment - Loan - Acknowledgment in Income Tax Returns - Income tax returns were produced - Were sent back and not exhibited - Lack of evidence as to whether Income tax Returns had been signed or not - Even the official of the Income Tax Department who produced the returns was not called upon to depose as to whether they had been..........
Limitation Act, 1963, Section 18 -- Acknowledgment - Need not always be by the debtor - A person duly authorised by the debtor can also acknowledge the debt...........
Limitation Act, 1963, Section 19 -- Acknowledgment - Limitation - Pronote dated 12.10.1986 - Suit filed on 15.10.1989 - Payment of Rs.11, 400/- averred towards suit claim to bring suit within limitation - Burden is on plaintiff to show that payment is towards suit claim - Defendant alleging payments towards chit transaction - Date of last payment not stated by plaintiff -..........
Limitation Act, 1963, Section 18, 19, 20 -- Acknowledgment - Bank dues - Limitation commencing from the date of last payment - Plaintiff, bank to prove that the money was really paid as indicated in the receipt by the defendant or under his authority to make it a corroborative proof of the factum of payment of the said amount so to sufficiently constitute it as an..........
Limitation Act, 1963, Section 18 -- Acknowledgment - Revival of limitation afresh - Only if acknowledgment is prior to the expiration of the prescribed period for filing suit - Acknowledgment after time limit expired does not extend limitation period...........
Transfer of Property Act, 1882, Section 59, 60, Limitation Act, 1963, Section 18 -- Mortgage - Redemption - Limitation - Oral mortgage for Rs.53 in 1893 - Original mortgagee sold mortgage right by registered deed in 1960 acknowledging existence of mortgage - Redemption suit filed in 1980 - Oral mortgage valid as possession given to mortgagor - Limitation for redemption..........
Limitation Act, 1963, Section 18 -- Acknowledgment has to be prior to expiration of prescribed period for filing suit - Limitation if has already expired - Acknowledgment would not revive limitation - Only during subsistence of period of limitation, if any such document is executed - Limitation would be revived afresh from the said date of acknowledgment...........
