1932 (12) TMI 11

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..... stallment bond dated 22nd December 1924. The plaintiff alleged that certain payments that were made by the defendant gave a fresh start to the period of limitation and that, in view of those payments, the claim was within time. The defendant did not contest the suit. The learned Small Cause Court Judge observed that: none of those payments is in the defendant's handwriting. The last payment .....

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..... 39;s hand-writing As a matter of fact, the endorsements about the payments made on 6th May 1929, and on 13th November 1931 are in the defendant's hand-writing. The endorsements about the payments made up to 7th May 1926, are no doubt in the plaintiff's hand-writing but below those endorsements there is an acknowledgment by the defendant in his own hand-writing to the effect that Rs. 10 ha .....

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..... ent is made within the period of limitation and it does not matter that the acknowledgment in writing is made by the debtor after the expiry of the period of limitation. 3. I cannot agree with the view of the learned Small Cause Court Judge that, in order to be of use under Section 20, Limitation Act, the hand-writing of the person making the payment referred to in the proviso to that section m .....

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