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Commencement of Limitation Period upon Acknowledgment - The limitation period generally begins from the date of acknowledgment of debt or liability, regardless of partial payments made. An acknowledgment in writing, signed by the debtor or liable party, can reset or extend the limitation period, provided it occurs before the original period expires. Partial payments or acceptance of sums due, when coupled with written acknowledgment, can be deemed sufficient to start a new limitation period ["
SAMPATH BANK PLC VS. PALITHA
"], ["CHANTIKA KELANG BERAS SDN BHD vs PADIBERAS NASIONAL BERHAD - High Court
"], ["2025 Supreme(Online)(MP) 9819"].Acknowledgment Timing and Effect - Acknowledgments made during the subsistence of the limitation period are valid for extending or restarting the limitation period. Acknowledgments after the expiry do not revive the cause of action. For instance, such acknowledgment in writing must be during the continuation of period of limitation and acknowledgment given after expiry of period of limitation would not give rise to fresh cause of action ["2025 Supreme(Online)(MP) 9819"]. Similarly, an acknowledgment made in writing signed by the defendant would result in a fresh period of limitation, only if it is made before the expiration of the prescribed period ["2023 Supreme(Online)(KER) 7818"].
Partial Payments and Written Acknowledgment - Partial payments alone do not extend limitation unless accompanied by a written acknowledgment signed by the debtor or liable party. This acknowledgment can be made before or after the limitation period, but it must exist before the suit is filed to be effective ["2005 0 Supreme(Bom) 1355"], ["2005 0 Supreme(P&H) 1054"]. The courts emphasize that payment by itself is of no avail unless corroborated by a signed acknowledgment ["2005 0 Supreme(Bom) 1355"].
Legal Provisions and Case Law - Sections 18 and 19 of the Limitation Act are pivotal in determining the effect of acknowledgments and payments. Section 18 stipulates that where, before the expiration of the prescribed period for a suit... an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed ["2025 Supreme(Online)(NCLT) 8203"]. Case law confirms that the limitation for filing an application will start to run from the day when the cause of action accrues regardless of the existence of an arbitration clause ["
Manish Todi VS Pawan Agarwal - Current Civil Cases
"].Analysis and Conclusion - The consensus across the sources indicates that the limitation period commences upon acknowledgment of debt or liability, not necessarily upon demand or partial payment alone. Written acknowledgment, signed before the limitation expires, is critical to extend or restart the limitation clock. Partial payments, without a corresponding signed acknowledgment, generally do not suffice to alter the limitation period. Therefore, acknowledgment of liability, regardless of partial payment, effectively starts a new limitation period if made in writing and within the original statutory timeframe ["
SAMPATH BANK PLC VS. PALITHA
"], ["CHANTIKA KELANG BERAS SDN BHD vs PADIBERAS NASIONAL BERHAD - High Court
"], ["2025 Supreme(Online)(MP) 9819"].
In the realm of and in India, one common question arises: commencement upon acknowledgment regardless of . Creditors often wonder if a debtor's or written acknowledgment can breathe new life into an otherwise . This blog post delves into the principles under the , explaining how such actions typically reset the limitation clock, supported by statutory provisions and case law. While this provides general insights, consult a legal professional for advice tailored to your situation.
The , sets time limits for filing suits to enforce legal rights, preventing stale claims. Generally, the starts from the date of the —when the right to sue accrues. For , this is often three years from the due date.
However, the Act provides mechanisms to extend or restart this period. Key among them are acknowledgments under Section 18 and partial payments under Section 19. These can create a for limitation, but only if made before the original period expires.
Section 18 states that an acknowledgment of liability in writing, signed by the debtor or their agent, before the limitation expires, restarts the clock from the date of acknowledgment. It must be clear and unconditional, recognizing the debt's existence.
For instance, a written letter admitting liability qualifies. As noted in case law, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed. 2023 0 Supreme(MP) 818
This principle ensures that voluntary admissions keep claims alive, promoting fairness between parties.
Section 19 treats certain partial payments similarly. A payment on account of debt or interest, made before limitation expires and signed by the debtor, restarts the period from the payment date. Importantly, acceptance by the creditor strengthens this as an acknowledgment.
Partial payments demonstrate clear intention to acknowledge the debt, even without explicit words. Courts have held: by applying the provisions of section 18 of Limitation Act, it is held that the fresh period of limitation would start from i.e. day on which part payment was made. 2023 0 Supreme(MP) 818
In practice:- A cheque payment (e.g., Ex.P32 on ) was deemed acknowledgment, starting limitation afresh from that date. 2012 0 Supreme(Mad) 3643- Intermittent payments up to were scrutinized but not always sufficient without specific acknowledgment. 2013 0 Supreme(Kar) 630
Indian courts have consistently upheld these provisions:
Even post-expiry promises may revive debts under , if in writing and signed. 2004 0 Supreme(Kar) 699
Contrastingly, acknowledgments after expiry do not help: An acknowledgment made after the expiry of the period of limitation does not save the claim. 2026 Supreme(Online)(Ker) 3348
Letters explicitly recognizing debt, coupled with payments, are potent. For example:- Partial payments accepted by creditors reinforce extension. 2012 0 Supreme(Mad) 3643- In recovery suits, payments must show in the debtor's handwriting or signed writing. If exclusion of period is claimed under S.19 on the basis of payment, it must also be before the expiry of the period of limitation and the acknowledgment of payment must appear in the handwriting of or, in a writing signed by, the person making the payment. 1990 Supreme(Online)(Ker) 29
However, mere payments without intent may not suffice, as in arbitration disputes where running bills did not reset limitation absent final bill intimation. 2013 0 Supreme(Kar) 630
These principles extend to specialized proceedings:- In , must be filed within limitation; delays cannot be condoned if barred. Section 5 applies only to appeals/applications, not suits or .
Vishal Hira Merchant Pvt. Ltd. VS
2016 0 Supreme(Del) 4324Vishal Hira Merchant Pvt. Ltd. VS
- Recovery after long delays (e.g., 17+ years) without acknowledgment is often quashed. 2014 0 Supreme(UK) 583Acknowledgment with a promise to pay within time extends limitation, per Supreme Court in Mahendra Kumar v. State of Madhya Pradesh (1987) 3 SCC 265.
Vishal Hira Merchant Pvt. Ltd. VS
For Creditors:- Document all communications and payments meticulously.- Ensure acknowledgments are signed and dated.- Monitor expiry dates to secure timely resets.
For Debtors:- Be cautious with partial payments or letters, as they may inadvertently extend creditor claims.- Seek advice before acknowledging liabilities.
| Provision | Effect | Key Requirement ||-----------|--------|-----------------|| Section 18 | Fresh period from acknowledgment date | Written, signed, before expiry 1966 0 Supreme(Mad) 370 || Section 19 | Fresh period from payment date | Payment on account, signed 1990 Supreme(Online)(Ker) 29 || Section 25(3), Contract Act | Revives barred debt | Written promise 2004 0 Supreme(Kar) 699 |
Acknowledgment, whether via writing or , typically restarts the from that date, provided it occurs before expiry. This is a cornerstone of India's , balancing diligence and equity. Cases like 2012 0 Supreme(Mad) 3643 and 2023 0 Supreme(MP) 818 affirm: the date of acknowledgment governs the new start.
Key Takeaways:- Limitation begins from or later acknowledgment/payment.- Must be clear, signed, and timely.- Post-expiry actions generally fail. 2026 Supreme(Online)(Ker) 3348- Always analyze evidence per case.
This is general information based on precedents; laws evolve, and outcomes depend on facts. For personalized guidance, contact a qualified lawyer.
Prepared based on Limitation Act provisions and reported judgments. Not legal advice.
#LimitationAct #DebtRecovery #LegalInsights
Reeday M The Law relating to Banking) However, as stated earlier the finding of the Court of Appeal was based upon the acknowledgment of the debt and not on the question of the commencement of prescription been on demand or on grant of last overdrawn facility. ... The High Court also followed the Helenluc decision though it reversed the trial Court finding on the erroneous basis that the trial Judge considered the letter of demand to be the commencement of the prescriptive period. ... People's ....
in respect thereof, the right shall be deemed to have accrued on and not before the date of the acknowledgment or the last payment: Provided that a payment of a part of the rent or interest due at any time shall not extend the period for claiming the remainder of the rent or interest then due, ... period. ... but any payment of interest shall have effect, for the purposes of this subsection only, as if it were a payment in respect of the principal debt. ... , before h....
The basic aspect is that such acknowledgment in writing must be during the continuation of period of limitation and acknowledgment given after expiry of period of limitation would not give rise to fresh cause of action. 14. ... Under these circumstances, the findings which were recorded by the trial Court with regard to the period of limitation were erroneous. Although the appellate Court has set aside the judgment and decree passed by the trial Cour....
Thus, by applying the provisions of section 18 of Limitation Act, it is held that the fresh period of limitation would start from 10-6-2003 i.e. day on which part payment was made. ... right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed. (2) Where the writing containing the acknowledgment is undated, oral evidence may be g....
Section 18 of the Limitation Act is applicable to proceedings under IBC and that if there is acknowledgment of debt in the balance-sheets or the OTS Proposal, the period of limitation would get extended if the acknowledgment is made before the period of limitation expires. ... before the period of limitation expires. ... The limitation period, therefore, expired on 01.04.2007. There is no valid #....
If exclusion of period is claimed under S.19 on the basis of payment, it must also be before the expiry of the period of limitation and the acknowledgment of payment must appear in the handwriting of or, in a writing signed by, the person making the payment or an authorised agent. ... If there is an acknowledgment under S.18, it must be in writing signed before the expiration of the period of limitation. The #HL_ST....
It bestows discretion upon the court to accept a complaint after the period of 30 days and to condone the delay. This amendment signifies that prior to this amendment the courts had no discretion to condone the delay or exclude time by resorting to Section 5 of the Limitation Act. ... According to the accused, however, the date on which the cause of action arose i.e. “15/10/1995” has to be included in the period of limitation and thus the complaint was barred by time. ... The Court of Appeal treated the....
Limitation Act, 1963 , an acknowledgment of liability made in writing signed by the defendant would result in a fresh period of limitation, only if it is made before the expiration of the prescribed period. In the present case, Ext. ... An acknowledgment made after the expiry of the period of limitation does not save the claim. Under Section 18 of the a href="./.. ... A14 letter dated 18.11.1988, issued by the second defendant, contains an #HL_STAR....
Unless, therefore, there is acknowledgment in the required form, the payment by itself is of no avail. However, while the section requires that the payment should be made within the period of limitation, it does not require that the acknowledgment should also be made within that period. ... But while it is not necessary that the written acknowledgment should be made prior to the expiry of the period of limitation, ....
Unless, therefore, there is acknowledgment in the required form, the payment by itself is of no avail. However, while the section requires that the payment should be made within the period of limitation, it does not require that the acknowledgment should also be made within that period. ... But while it is not necessary that the written acknowledgment should be made prior to the expiry of the period of limitation, ....
Acknowledgment within the period of limitation with promise to pay would extend the period of limitation. Reference may be made to the judgment of the Supreme Court in Mahendra Kumar & Anr. v. State of Madhya Pradesh reported in (1987) 3 SCC 265.
Acknowledgment within the period of limitation with promise to pay would extend the period of limitation. Reference may be made to the judgment of the Supreme Court in Mahendra Kumar & Anr. Vs. State of Madhya Pradesh reported in (1987) 3 SCC 265.
Acknowledgment within the period of limitation with promise to pay would extend the period of limitation. Reference may be made to the judgment of the Supreme Court in Mahendra Kumar & Anr. v. State of Madhya Pradesh reported in (1987) 3 SCC 265.
In reply to paragraphs 12 and 14 of the writ petition the respondents have stated that the officers of the Corporation had been visiting and demanding arrears from petitioners. The allegation in paragraph 16 of the writ petition that there was no correspondence between the petitioners and respondents after 1981 in respect of loan or arrears, nor the petitioners ever acknowledged any debt or loan after 1981, which could entitle the respondents to start recovery again, was vaguely denied. Law recognises various events, which may extend the period of limitation or revive it. For insta....
The intermittent payments made by the appellant up to October-1997 cannot be termed as acknowledgment of liability for the purpose of extension of limitation. According to him, the acknowledgment of liability should be specific and in the acknowledgment, the person acknowledging should specifically acknowledge that the period of limitation is extended by virtue of intermittent payment of bills. Learned counsel for the appellant specifically clarifies that claim No.3 in respect of Rs.1,56,00,000/- is barred by limitation inasmuch as such claim is made for the first time afte....
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