1987 (7) TMI 593

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..... st be before the expiry of the period prescribed for a suit or application in respect of such property or right. These are essential conditions for a valid acknowledgement in order to be effective for the purpose of enabling computation of a fresh period of limitation from the time the acknowledgement was so signed. When the writing containing the acknowledgement is undated, oral evidence can be given to prove when it was signed. But the additional question for consideration in this civil revision petition filed by the plaintiff in a money suit is whether the writing containing the acknowledgement must also be in the handwriting of the maker in order to make it effective. 2. Plaintiff Bank sued two defendants on the basis of a liability .....

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..... ure of the liability that exists, on the date of acknowledgement. It cannot create a new title or a fresh cause of action as one sees in a promise to pay a barred debt. It is not a new contract. Acknowledgement need not necessarily be addressed to the creditor or the person entitled to sue or make the application. What is intended is mainly only an admission of the jural relationship with the intention of admitting the same. But no-where in the section it is stated that the writing, must be in the hand of the person against whom the property or right is claimed or by any person through whom he derives title or liability. In order to give such an interpretation we will have to read into the section something which is not there. There is noth .....

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..... ysical evidence of conscious admission of liability in an acknowledgement which is in writing whether the writing is by the person making the acknowledgement or by somebody else. Writing need not be by hand itself. It can be printed or type-written or by other possible methods. 5. We generally come across several acknowledgements in printed or typewritten forms with blank spaces filled up. There can be acknowledgements in documents written by scribes. So also there could be acknowledgements by a witness in his deposition recorded by somebody else. These are only instances. It is really unfortunate that the Subordinate Judge has given such an interpretation on the basis of which alone the suit happened to be dismissed. 6. The further u .....

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