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1987 Supreme(Ker) 310

PADMANABHAN
BANK OF INDIA – Appellant
Versus
JAMES FERNANDEZ – Respondent


Judgment :-

1. An acknowledgement under S.18 of the Limitation Act must be of a liability. It must relate to some existing debt or other obligation to some property or right. The liability must be existing on the date of acknowledgement. It must be in writing end signed by the person against whom such property or right is claimed or by some person through whom he derives his title or liability. The acknowledgement must 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 incurred on 28-5-1973. There are tw





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