Lim 18 — Effect of acknowledgment in writing

Limitation Act, 1963

Statutory text

(1)  Where,  before  the  expiration  of  the  prescribed
period  for  a  suit  or  application  in  respect  of  any  property  or  right,  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 any person through whom he derives his 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, 1872 (1 of 1872), oral evidence of its contents shall not be received.
Explanation.—For the purposes of this section,—
(a)  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 a person entitled to the property or right,
(b)  the  word “signed” means  signed  either  personally  or  by  an  agent  duly  authorised  in  this
behalf, and
(c) an application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right.

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