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Ram Sarup Vs. Mahammad Ubaidullah Khan - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in124Ind.Cas.22
AppellantRam Sarup
RespondentMahammad Ubaidullah Khan
Cases ReferredShri Prakash Singh v. Allahabad Bank Ltd.
Excerpt:
limitation act (ix of 1908), section 20 - debtor remitting money by money order--request in coupon in debtor's handwriting--saving of limitation--civil procedure code (act v of 1908), order xxi, rule 2(1)--certification, mode of--limitation for certification. - u.p. zamindari abolition & lands reforms act, 1951 [act no. 1/1951]. section 3(4) & u.p. land revenue act, (3 of 1901). sections 14-a (3) & 14; [s.rafat alam, r.k.agarwal & ashok bhushan, jj] expression collector- held, it includes additional collector. powers and functions of collector can be exercised by additional collector under section 198(4) of 1950 act, provided he has been so directed by collector of the district. [1996 aihc 3628 overruled]......of the principal of a debt is before the expiration of the prescribed period paid by the debtor, a fresh period of limitation shall be computed from the time when the payment was made. such a writing was considered to be a writing as required by section 20 of the limitation act in ramkumar sewchand roy v. namiram poddar 94 ind. cas. 657 : 53 c. 163 : a.i.r. 1926 cal. 510. a fresh period of limitation, therefore, would be computed from 5th march, 1925. subsequently a similar payment was made by the judgment-debtor on 30th october, 1925, and a fresh period of limitation would run from that date. the application for execution having been made on the 3rd of may, 1927, was within time.2. the learned judge of the lower appellate court was of opinion that these payments cannot be recognised by.....
Judgment:

Dalal, J.

1. The view of law taken by the lower Appellate Court is not correct. The final decree was passed on 29th June, 1922, It was revived on 5th March, 1925, under Section 20 of the Limitation Act. On 5th March, 1925, the judgment-debtor sent a certain sum in payment of the debt, and the money order coupon which requested credit of this sum towards the debt was in the handwriting of the judgment-debtor. This writing amounts to the fact of the payment appearing in the handwriting of the person making the same. Where a part of the principal of a debt is before the expiration of the prescribed period paid by the debtor, a fresh period of limitation shall be computed from the time when the payment was made. Such a writing was considered to be a writing as required by Section 20 of the Limitation Act in Ramkumar Sewchand Roy v. Namiram Poddar 94 Ind. Cas. 657 : 53 C. 163 : A.I.R. 1926 Cal. 510. A fresh period of limitation, therefore, would be computed from 5th March, 1925. Subsequently a similar payment was made by the judgment-debtor on 30th October, 1925, and a fresh period of limitation would run from that date. The application for execution having been made on the 3rd of May, 1927, was within time.

2. The learned Judge of the lower Appellate Court was of opinion that these payments cannot be recognised by the Civil Court, and, therefore, the writing cannot be used to start a fresh period of limitation, because they were not certified to the executing Court. There is, however, such a certificate in the application for execution, dated 3rd May, 1927 in column 5 of the application. It has been held by the Privy Council in Shri Prakash Singh v. Allahabad Bank Ltd. 114 Ind. Cas. 581 : (1928) A.L.J. 33 : A.I.R. 1929 P.C. 19 : 29 L.W. 161 : 33 C.W.N. 267 : 31 Bom. L.R. 289 : Ind. Rul. (1929) P.C. 93 : 6 O.W.N. 29 : 3 Luck. 684 : 56 M.L.J. 233 : 56 I.A. 30 (P.C.) that a certification by a decree-holder under Order XXT, Rule 2(1) of a payment made to him out of Court is not an application and can be made at any time. A mention in column 5 of the application for execution is sufficient certification under the law.

3. I set aside the decree of the lower Appellate Court and restore the decree of the first Court with costs of this Court and of the lower Appellate Court.


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