filed after the expiry of limitation period. As per the defendant the suit is
barred by limitation and the acknowledgment relied upon by the plaintiff ... said acknowledgment therefore same is within limitation
Section 18 of the limitation Act speaks about the effect of
acknowledgment in writing which reads as under
Limitation Act may extend period of limitation
and a fresh payment of limitation would start from the date of execution of
written acknowledgment. However, acknowledgment ... made within existing period of
limitation, then a new period of limitation shall commence from that date
of limitation.
Digitally signed
by DEVENDRA
KUMAR
DEVENDRA
Limitation Act within the period of limitation and as such,
the date to calculate the period of limitation has to be taken ... limitation as the
original period of limitation expired on
18.02.2012. Further, it is submitted that the
cause of action to extend the limitation period
cannot be
treated as acknowledgement under section 18 of the Limitation
Act, since the acknowledgement should be before the period of
limitation is over ... time the cheque was issued, the
debt was barred by limitation because no acknowledgement was
obtained before the expiry of 3 years from the date
cannot be treated as acknowledgement under section 18
of the Limitation Act, since the acknowledgement should be
before the period of limitation is over ... time the cheque was issued,
the debt was barred by limitation because no acknowledgement
was obtained before the expiry of 3 years from the date
XXXX
66. Similarly under Section 18 of the Limitation Act, an
acknowledgement of present subsisting liability, made in
writing in respect of any right claimed ... date on which the
acknowledgement is signed. However, the
acknowledgement must be made before the period of
limitation expires."
12. In an illuminating discussion
defendant that
Article 14 of the Limitation Act, 1963 was applicable for computation
of limitation against the delivery of goods and that the requisite time ... statutory
provisions U/S 18 of the Limitation Act, 1963 , stating that defendant
did not make any acknowledgment during the period of three years
from
limitation. It has been further
submitted that the balance sheet can extend limitation only where
it contains a specific and unequivocal acknowledgment of
liability which ... acknowledged that it owes payment to plaintiff and the
same would amount to an acknowledgment for the purposes of
Section 19 of the Limitation
acknowledgement was so signed. It is well settled
that to amount to an acknowledgement of liability within the
meaning of Section 18 of the Limitation ... Limitation Act,
1908, two conditions were essential that the payment must
be made within the prescribed period of limitation and it
must be acknowledged
specific plea of written
acknowledgment, accordingly nature of written acknowledgment must be
determined.
Law to determine nature of written acknowledgment or part payment
has been ... limitation, so limitation to file suit under
section 18 / or 19 of Limitation Act could not be proved.
25. Even email / acknowledgment dated 13th February
