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1963 Supreme(Online)(AP) 1

ANDHRA PRADESH HIGH COURT
, J
Rai Sahib Ramdyal Ghansi Ram and Sons v. Ramnivas


1. The point posed by this revision petition is whether certain documents constitute acknowledgments within the purview of S.19 of the Indian Limitation Act or acknowledgments attracted by Art. 1 of Sch. 1 of the Hyderabad Stamp Act (IV of 1331 - F.) as amended by Regulation XIV of 1359 - F.

2. The facts leading up to this litigation may be shortly stated. The respondent executed two promissory notes on 23-1-1949 and 10-2-1949 for Rs.2,000/- and Rs.3,000/- respectively in favour of the petitioner - firm. Subsequently, he signed in the account books of the petitioner under certain entries containing the account between the parties on four occasions viz., on 4-11-1951, 30-10-1952, 27-10-1954 and 3-10-1956. A suit was laid by the petitioner for recovery of a sum of Rs.8,596-70 nP. in the Court of the First Additional Judge, City Civil Court. The four acknowledgments referred to above were relied upon by the petitioner - plaintiff as saving limitation.

3. One of the answers of the respondent - defendant to the suit was that it was barred by limitation as it was brought more than ten years after the execution of the two promissory notes.

4. To get over this difficulty, the plaintiff call

































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