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1919 Supreme(All) 276

STUART, WALSH
Arbindakeb Rai – Appellant
Versus
Jageshar Rai – Respondent


JUDGMENT

Walsh, J. - We think this appeal must he dismissed. We do not think that it is necessary to discuss all the authorities which have been mentioned in the judgment of the Court below and in the argument before us. We do not mean by this that the argument has exceeded in the least the limits of what was reasonable having regard to the difficulty of the point raised, but we think the difficulty of the point raised has been largely accentuated by a tendency on the part of some Judges to travel a little beyond the actual province within which they are called upon to determine the question. The real question we have to determine in this suit is whether the acknowledgment relied upon by the plaintiff as extending the period of limitation was given within the meaning of Section 19 of the Limitation Act, that is to say, was it given by some person through whom the defendant derives title or liability? We have come to the conclusion that it is impossible to say that it is not, and that it is impossible to take it out of the plain language of the section. It is really immaterial to consider the various equitable considerations which bear upon the interpretation. We really have no alter

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