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1952 Supreme(P&H) 38

WESTON
Shadi Ram – Appellant
Versus
Prabhu – Respondent


Judgment

Weston, J.

1. This revision application arises from a money suit in which by reason of Section 102, Civil P. C., no second appeal lies.

2. The suit was to recover an amount of Rs. 300/-. The defendant raised a number of contentions which need not be mentioned. His main ground was that the debt dated back to the year 1928 and was the debt of his father and that any acknowledgments given by him (defendant) were not sufficient to keep alive the cause of action up to the date of the present suit. It appears that the original debt was incurred in February 1928 and was for amount of Rs. 142/-. It appears that there was an acknowledgment about one month later for Rs. 250/-, the difference representing interest. On the 6th of March 1931, there was another acknowledgment for Rs. 300/-. On the 1st of March 1934 there was another acknowledgment for Rs. 300/-, Rs. 100/- being shown to have been paid, and on the 24th of March 1937 there was again an acknowledgement for Rs. 300/-, and there were later acknowledgements, all within three years of each other. The acknowledgement of the 24th of March 1937, however, was made more than three years after the acknowledgement immediately before i



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