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Hemchand Kuber Vs. Vohora Raji Haji - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1883)ILR7Bom515
AppellantHemchand Kuber
RespondentVohora Raji Haji
Excerpt:
limitation - acknowledgment--authorised agent--act xv of 1877, section 19, expln. 2. - - 1. the acknowledgment in this case would have satisfied the requirements of section 19 of act xv of 1877 had it been written by vohora raji haji himself. he thus made that third party his agent, and the subordinate judge being satisfied as to the facts, vohora is bound by the acknowledgment.west, j.1. the acknowledgment in this case would have satisfied the requirements of section 19 of act xv of 1877 had it been written by vohora raji haji himself. it contains his name as that of the person acknowledging the debt. as vohora could not write, ho got the acknowledgment, including his name, written by a third party. he thus made that third party his agent, and the subordinate judge being satisfied as to the facts, vohora is bound by the acknowledgment.2. we answer the reference accordingly.
Judgment:

West, J.

1. The acknowledgment in this case would have satisfied the requirements of Section 19 of Act XV of 1877 had it been written by Vohora Raji Haji himself. It contains his name as that of the person acknowledging the debt. As Vohora could not write, ho got the acknowledgment, including his name, written by a third party. He thus made that third party his agent, and the Subordinate Judge being satisfied as to the facts, Vohora is bound by the acknowledgment.

2. We answer the reference accordingly.


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