Supreme Court of India · 1951-10-17
SANT LAL MAHTON vs KAMALA PRASAD.
- Citation / case number
- SC 1950/65
- Court
- Supreme Court of India
- Petitioner
- SANT LAL MAHTON
- Respondent
- KAMALA PRASAD.
- Bench
- MUKHERJEA, B.K.
Judgment text excerpt
The Supreme Court ruled that under Section 20(1) of the Indian Limitation Act, an acknowledgment of payment must exist prior to the institution of a suit to extend the limitation period. The Court clarified that while payments can be made after the limitation period, any acknowledgment must not be made in a written statement filed post-institution of the suit. The appeal was dismissed, affirming the lower court's decision that the bond was not legally attested and thus could not rank as a mortgage bond, leading to a money decree against the defendants.