Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
High Court Appeal No. 30 of 1974, decided on 24th March, 1981.
-----Art. 61‑Limitation of suit for recovery of money paid by plaintiff on behalf of defendant‑Respondent (plaintiff) claiming inter alia amount on account of one transaction, paid on behalf of appellant (defendant) on various dates in March 1965‑‑Suit filed on 30th May, 1968‑Respondents (plaintiffs) neither claiming as balance amount due on current, mutual and open account, nor alleging in plaint, to be main taining any such account but claiming amounts separately‑Suit in respect of such transaction, held, time‑barred under Art. 61‑Further held, claim being not based on accounts stated‑Article 61 squarely attracted.
---------S. 19‑Acknowledgement of liability‑Letter written by son of a appellant (defendant) speaking of transaction as not settled‑Appellant's son not pleaded in plaint as duly authorised agent of appellant (defendant)‑‑Firm of appellant (defendant) at relevant time a sole proprietary concern‑Held, such letter cannot be treated as valid acknowledgment and cannot save limitation in respect of amount mentioned.
Niamat U. Moulvi for Appellant.
Respondent (absent).
Dates of bearing : 24th February and 30th March, 1981.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer