limitation accruing due to the effect of Section 18 of
the Limitation Act. Section 18 of the Limitation Act gets attracted
the moment acknowledgement ... expiration of
the prescribed period of limitation including the fresh period of
limitation due to acknowledgement of the debt, from time to
time, for institution
argument
is that acknowledgement of debt in the Balance Sheet also
amounts to acknowledgement under Section 18 of the
Limitation Act.
8. The Judgement ... anything. The statement is not an evidence
of an acknowledgement. It is the
acknowledgement."
Therefore, the without prejudice Rule could have no
application
limitation prescribed by the Indian Limitation Act . The period of limitation prescribed was three years from 13th April 1927, and the further period of limitation ... first schedule, and if an acknowledgment is made within that period, the acknowledgment would be a valid acknowledgment under Section 18 .
12. The Lahore High
acknowledgment the claim acknowledged had not become barred by time. It was not a case where acknowledgment is a new contract in which limitation runs ... relevant clause of the Limitation Act . It required to be laid down that in order to save limitation an acknowledgment must be made before
purposes of limitation, take the Gregorian calendar, which governs limitation according to Section 25 of the Indian Limitation Act.
2. The learned Subordinate Judge held ... acknowledgment, Exhibit 57, therefore, is not a valid acknowledgment, and Exhibit 48, which was a subsequent acknowledgment would not save limitation. The plaintiffs' claim
first acknowledgment was made. But where the acknowledgment relied on is not only such an acknowledgment as is required by Section 19 , Limitation ... limitation. A person may acknowledge liability, but such acknowledgment will not operate to give a fresh period of limitation for a suit for redemption
period of limitation is enough to start a fresh period of limitation, and it is enough not only when the acknowledgment is unconditional but even ... conditional or unconditional acknowledgment, he will have to show that the acknowledgment was obtained by him before the period of limitation had expired. In other
years' balance sheets contain unequivocal acknowledgment
of the debt and each acknowledgement gave a fresh period of limitation to
Respondent No.1 to file ... Section 18 of the Limitation Act. Section 18
of the Limitation Act provides:
"18. Effect of acknowledgment in writing.-- (1) Where,
before the expiration
unstamped promissory note which acknowledge the pre-existing debt are acknowledgments within the meaning of Section 18 of the Limitation. There is a vital distinction ... Limitation act and an Acknowledgement under Art. 1 of Schedule 1 of the Stamp act. The Acknowledgement under the Limitation Act need not be stamped
provisions of the Limitation Act to submit
that in order to apply Article 137 of the Limitation Act , other provisions of
Limitation ... date on which the acknowledgment is
signed. However, the acknowledgment must be made
before the period of limitation expires.
67. As observed above, Section 238A
