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Report No. 3

17. Effect of acknowledgment in writing.-

(1) Where, before the expiration of the prescribed period for a suit or an application in respect of any property or right other than an application for the execution of a decree or order, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by some person through whom he derives title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.

(2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but, subject to the provisions of the Indian Evidence Act, 1 of 1872, oral evidence of its contents shall not be received.

Explanation I.- For the purposes of this section an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come, or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set-off, or is addressed to a person other than the person entitled to the property or right.

Explanation 1I- For the purposes of this section, "signed" means signed either personally or by an agent duly authorised in this behalf.

Limitation Act, 1908 Back

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