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UNITED BANK LTD., KARACHI versus JAMILA KHATOON


Payment of extension of loan due to section 20 (I), Limitations, Limit Fresh

1981 C L C 299

[Karachi]

Before Nasir Aslam Zahid, J

Messrs UNITED BANK LTD., KARACHI‑Plaintiff

versus

Begum JAMILA KHATOON‑Defendant

Civil Suit No. 618 of 1978, decided on 8th October, 1980.

(a) Limitation Act (IX of 1908)‑

‑‑ S. 20(I), proviso‑Limitation, extension of‑Payment on account of a debt for giving fresh period of limitation‑To be made before expiration of prescribed period by debtor or his duly authorized agent and to be coupled with acknowledgment of payment in writing by person making payment.

Mukhi Hajl Rehmatullah v. Coverji Bhuja I L R 23 Cal. 546 and Nabadwip Chandra Podder v. S. D. Ahmad P L D 1969 Dacca 529 fol.

Usman Malik v. Boelt of Bahawalpur Ltd. P L D 1959 Kar. 725 and Sh. Azizur Rehman v. Bahawalnagur Cooperative Commission Shop Ltd. P L D 1962 B J 20 ref.

(b) Limitation Act (IX of 1908)‑

‑-‑ Art. 57‑Limitation, extension of‑Point of time from which limita tion period begins to run: When loan made‑Each occasion when any part payment made and other conditions of S. 20 of Act satisfied, period gets extended for another three years.

(c) Contract Act (IX of 1872)‑

S. 176‑Letter of lien‑A part of agreement between parties hence, held, to be read subject to provisions contained in S. 176 of Act.

Chandra Kanta Bhattacharjee v. Behari Lal Bhattacharjee A I R 1919 Cal. 7 ref.

Shaikh Inamullah for Plaintiff.

M. A. M. Namazi for Defendant.

Dates of hearing ‑ 29th and 30th September, 1980.

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