Venkatasubba Rao, J.

1. The trial Judge found that though the second endorsement was signed by the defendant, it was not in his handwriting. Unfortunately, he has not recorded a finding on the question whether or not there was a part-payment as mentioned in the endorsement; the judgment proceeds. I take it, upon the assumption that there was such a part-payment. The prevailing view of the law was, that a part-payment to be effectual under Section 20 of the Indian Limitation Act, must be in the case of a literate person appear in his handwriting and that it is not sufficient that he has merely signed it. In accordance with this view, the learned trial Judge, finding that the claim was barred, dismissed the suit. The Full Bench of the Small Cause Court reversed this decision on the ground that the amended Section has done away with this requirement.

2. The law has been made less stringent upon the point: either there should be an endorsement in the handwriting of the person making the payment, though unsigned or the writing should be signed by him, though not in his handwriting. But the Full Bench, in acting upon the Section as amended, has overlooked the principle that a new s