Skip to content


Shib Lal and ors. Vs. Hira Lal and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1875)ILR1All622
AppellantShib Lal and ors.
RespondentHira Lal and anr.
Excerpt:
cancellation of document - suit for a declaration that a document is not genuine--reasonable apprehensionof injury. - turner, j.1. the receipt cannot be used for the purpose which the appellants apprehend. to support a plea that a new period of limitation has accrued from part payment of principal, the fact of payment must appear in the handwriting of the person making the same on the instrument on which the debt arises, or in his own books, or in the books of the creditor. the appellants cannot then be held to have reasonable ground to apprehend injury from the document. the appeal is dismissed with costs.
Judgment:

Turner, J.

1. The receipt cannot be used for the purpose which the appellants apprehend. To support a plea that a new period of limitation has accrued from part payment of principal, the fact of payment must appear in the handwriting of the person making the same on the instrument on which the debt arises, or in his own books, or in the books of the creditor. The appellants cannot then be held to have reasonable ground to apprehend injury from the document. The appeal is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //