Sheo Partab Singh vs Tajammul Husain

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1926 Supreme(All) 216

KING
Sheo Partab Singh – Appellant
Versus
Tajammul Husain – Respondent

JUDGMENT

King, J. - This was a suit to recover money due on two mortgages. The first mortgage was dated the 21st July 1892. The mortgage money became due on 21st of July 1897 and the period of limitation for the suit, under Article 132, expired on the 21st of July 1909. The second mortgage was dated the 12th of September 1892. The mortgage money became due on 12th September 1896, and the period of limitation, under Article 132, expired on the 12th September 1908. The plaintiff's case is that the suit could have been instituted u/s 31 of the Indian Limitation Act, 1908, up to the 6th of August 1910, and before the expiration of that special period of limitation, namely, on the 18th July 1910, he obtained a written acknowledgment of the mortgagor's liability under the deeds in suit so that his period of limitation was extended u/s 19 of the Act up to the 18th July 1922. The suit was in fact instituted on the 27th of February 1922.

2. The Courts below have dismissed the suit on the ground that it is barred by limitation. It is admitted on behalf of the respondent that the right of suit was extended by Section 31 up to the 6th of August 1910, but the argument is that although the right o

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