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1924 Supreme(All) 160

DANIELS, NEAVE
Gobind Narain – Appellant
Versus
Uma Shankar – Respondent


JUDGMENT

Daniels and Neave, JJ. - The only question in this appeal is whether a certain letter, Exhibit 2, is a good acknowledgment of liability so as to extend limitation against the defendant appellant within the meaning of Section 19 of the Limitation Act. The letter purports to be from the defendant's firm, Ram Charan Jagdish Prasad, to the plaintiffs' firm, Sheo Baksh Sri Narain. As far as the contents of the letter are concerned it contains an acknowledgment of liability sufficient to come within the section. It was written by Piyare Lal, the munim of the defendant. It bears no signature other than the name of the firm in the heading of the letter. Such a signature has, however, been held to be good in Mathura Das v. Babu Lal ILR 1878 All. 683 and Mohesh Lal v. Busunt Kumaree ILR 1880 Cal. 340. The question remains, however, whether there is proof that Piyare Lal was authorized to make an acknowledgment on behalf of his principal within the meaning of Explanation 2 of the section. The court below holds that he was, on the ground of an admission made by the defendant that Piyare Lal used to write letters on behalf of his principal. No evidence was offered by the plaintiffs on t

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