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Muthia Nadar Vs. David Nadar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.756
AppellantMuthia Nadar
RespondentDavid Nadar and ors.
Excerpt:
stamp act (ii of 1899), schedule i, clause (1) - acknowledgment of debt--mere signature. - sankaran nair, j.1. the fact that the defendant signed the account kept by the plaintiff does not necessarily show that he thereby acknowledged there was a debt due. the entry must show that the defendant by his signature acknowledged that a debt was due by him otherwise it would only be an acknowledgment of the correctness of the figures entered therein. the account-book is not in this court. i, therefore, set aside the decree, direct the subordinate judge to restore the suit to his file and dispose of it according to law. the costs will abide the result.
Judgment:

Sankaran Nair, J.

1. The fact that the defendant signed the account kept by the plaintiff does not necessarily show that he thereby acknowledged there was a debt due. The entry must show that the defendant by his signature acknowledged that a debt was due by him otherwise it would only be an acknowledgment of the correctness of the figures entered therein. The account-book is not in this Court. I, therefore, set aside the decree, direct the Subordinate Judge to restore the suit to his file and dispose of it according to law. The costs will abide the result.


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