9911796707
TMI Blog1993 (9) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... y of parties, she filed an application to implead herself as party and the same was ordered. Consequently, the original petition in the I.P. was amended and the true copy of the amended petition was filed in court on 17.4.1980. The following tabular statement will give the particulars of the present suits. The statement itself shows why revisions have been filed in three of the suits and appeals are filed in the rest. In the said 3 suits the value is below a sum of ₹ 3,000and as per Section 102 of the Code of Civil Procedure, no second appeal would lie. The trial court dismissed the suits as barred by limitation. On appeal, the appellate Judge has taken a view that the true copy filed by the Advocate in the insolvency proceedings o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... luding the plaintiffs in the present proceedings. Learned Counsel submits that Section 18 of the Limitation Act requires an acknowledgment of liability in respect of their right made in writing signed by the party. According to him, the advocate is the authorised agent of the party and the copy filed on 17.4.1980 contains an acknowledgment of liability of defendants 2 to 5. Reliance is placed on the judgment of the Supreme Court in Shapoor Freedom Mezda v. Durga Prasad Chamaria and Ors. [1962]1SCR140 . In that case, the Supreme Court said that the statement on which a plea of acknowledgment is based must relate to a present subsisting liability though the exact nature or the specific character of the said liability may not be indicated in w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ruling cannot be applicable to the present case. 6. In so far as the rulings of the Supreme Court are concerned, in my view, they are against the plaintiffs themselves. The Supreme Court has only pointed out that an acknowledgment should be clear and made with the intention to admit the jural relationship of debtor and creditor. In the present cases, what is relied on as an acknowledgment is only a filing of a true copy of the Insolvency Petition on 17.4.1980 in the First Additional Subordinate Court, Madurai. As I have already stated, the fresh copy had to be filed because of the addition of one more creditor as a party. In the original insolvency petition an entry would have been made to the effect that such a person has been impleaded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate on which the copy is present into court. I do not agree. Section 21 of the Limitation Act reads thus: Effect of substituting or adding new plaintiff or defendant (1) where after institution of a suit, a new plaintiff or defendant is substituted or added the suit shall, as regards him, be deemed to have been instituted when he was made a party. Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted at any earlier date. This section clearly points out that the suit can be deemed to have been instituted only when he was made party thereto, b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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