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october 1951

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.

SANT LAL MAHTON vs KAMALA PRASAD. · Niyam