Judgement

Appeal from a decree of the Court of the Judicial Commissioner (October 23, 1903), affirming a decree of the Divisional Judge of the Nerbudda Division (October 22, 1902), which affirmed a decree of the Civil Judge of Khandwa (June 16, 1902).

Two questions were involved in the appeal—(1.) whether a statement contained in a written statement filed by the respondent amounts to an acknowledgment of his liability in respect of the sum sued for within the meaning of s. 19 of the Indian Limitation Act, 1877; and (2.) whether the respondent intermeddled with the estate of his deceased creditor as executor, and if he did, whether his intermeddling with such estate saved the appellants right of suit from being barred by limitation.

The suit was brought on September 5, 1901, under the circumstances stated in their Lordships judgment, by the appellant to recover principal and interest due by the respondent as shewn by the accounts of Motiram, the deceased creditor, who carried on business as a banker. The transactions between them terminated on May 12, 1898. The respondent pleaded the Statute . of Limitations, relying on art. 57 of the Second Schedule, which prescribes a three years