1974 Supreme(Mad) 282
V.RAMASWAMI
S. S. Srinivasa Raghavan – Appellant
Versus
R. Jayaraman and another – Respondent
Advocates:
K. Sarvabhauman and T. R. Mani, for Appellant.
S. Jagadeesan, amicus curiae, for Respondent.
Judgment.-The plaintiff is the appellant. He filed the suit for the recovery of a sum of Rs. 3,165 due from the respondents under two promissory notes, dated 28th April, 1951 which was for a sum of Rs. 250 and 28th June, 1951 which was for a sum of Rs. 750 and also a handloan of Rs. 150 taken on 21st August, 1951. A decree has been granted in so -far as the hand-loan is concerned, with interest thereon, amounting to Rs. 415. But, so far as the promissory notes are concerned, the suit was dismissed by the Courts below on the ground that the suit was barred by limitation. In the plaint it is stated that the suit is not barred by limitation, as the defendants have acknowledged their liabilities for the amounts by their letters, dated 12th April, 1954, 9th June, 1954, 17th August, 1954, 7th June, 1957, 1st July, 1960 and 29th June, 1963. The suit itself was filed on 28th June, 1966. The Courts below held that the letters, dated 1st July, 1960 and 29th June, 1963 could not save the promissory notes from the bar of limitation, as by that time the suit was already barred, and that therefore these acknowledgments could not save the suit under section 18 of the Limitation Act, 1963.
2. The l
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