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Nathamuri Narayana Aiyangar Vs. T.K. Balasubramania Iyer - Court Judgment

LegalCrystal Citation
Decided On
Reported in7Ind.Cas.797a
AppellantNathamuri Narayana Aiyangar
RespondentT.K. Balasubramania Iyer
Cases ReferredKadiri Pakirappa v. Manki Husan Sahib
limitation act (ix of 1908), section 19 - acknowledgment of liability--receipt by the maistry who is authorised to grant receipts--amendment of plaint--failure to set up acknowledgment as a ground, of exemption from limitation--civil procedure code (act v of 1908) order vii rule 6. - .....will abide the.....

Arnold White, C.J.

1.The receipt, which is relied on by the plaintiff, Ex. A2, is, (assuming the maistry had authority to give the receipt) on the authority of Kadiri Pakirappa v. Manki Husan Sahib 19 M.L.J. 650 : 6 M.L.T. 155 : 3 Ind. Cas. 1, an acknowledgment of liability within the meaning of Section 19 of the Limitation Act. There is no reference to this receipt in the judgment and it is not set up in the plaint as a ground of exemption from limitation--the case made in the plaint being that the defendant was liable on a settlement of account. Apparently this settlement was found against. I do not think, however, the plaintiff ought to be shut out from asking for the price of goods delivered. On payment of the costs of the petition to this Court in any event, he may amend his plaint, by setting up as a ground of exemption from the law of limitation, the receipt of the 19th December 1904 (Ex. A2) and the case will be restored to the file of the Subordinate Judge. The other costs will abide the event.

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