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Issues Involved:
1. Applicability of the Amending Act XVI of 1943 to the suit. 2. Whether the endorsements of payment could save the claim from the bar of limitation. 3. Distinction between rights and remedies in the context of limitation laws. 4. Retrospective application of limitation laws and revival of barred claims. Detailed Analysis: 1. Applicability of the Amending Act XVI of 1943 to the Suit The appellant argued that the Amending Act XVI of 1943 should apply to the suit, making the endorsements sufficient under Section 20 as amended. Both the lower courts rejected this argument, holding that the claim was barred by limitation before the Amending Act came into force. The High Court affirmed this view, stating that once a right to sue is barred under the existing Limitation Act, it cannot be revived by a subsequent amendment unless explicitly stated. 2. Whether the Endorsements of Payment Could Save the Claim from the Bar of Limitation The appellant relied on four endorsements of payment to save the claim from the bar of limitation. The last endorsement was made on 9-8-1941. Both lower courts found these endorsements to be "open payments," insufficient to save the claim under Section 20 of the Limitation Act as it stood before the Amending Act of 1943. The High Court agreed with this finding, emphasizing that the endorsements did not meet the requirements to extend the limitation period. 3. Distinction Between Rights and Remedies in the Context of Limitation Laws The appellant's counsel argued that while the remedy to enforce a debt might be barred, the debt itself remains an existing obligation. The High Court acknowledged this principle but clarified that it does not imply the right to enforce the debt in court is revived by a new limitation law. The court cited several precedents, including Privy Council rulings, to support the view that a barred claim cannot be revived by subsequent legislation unless explicitly provided for. 4. Retrospective Application of Limitation Laws and Revival of Barred Claims The court discussed the principle that the law of limitation applicable to a suit is the one in force at the date of institution unless a new enactment explicitly states otherwise. The court cited multiple cases to affirm that a right barred under an old Limitation Act cannot be revived by a new Act. The High Court disagreed with the Patna and Orissa High Courts' decisions, which supported the retrospective application of the Amending Act to revive barred claims. The court concluded that the new Act does not have retrospective effect to revive claims already barred by the old law. Conclusion The High Court dismissed the appeal, upholding the lower courts' decision that the suit was barred by limitation. The court emphasized that the Amending Act XVI of 1943 could not revive a claim already barred under the previous Limitation Act. The court also rejected additional contentions by the appellant regarding the retrospective application of the new amendment and the interpretation of Section 20(1) of the Limitation Act. The appeal was dismissed with costs.
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