SOMESHWAR BAPURAO NILAKHE Vs. NIVRITTI BABURAO GHOLAVE
HIGH COURT OF BOMBAY
SOMESHWAR BAPURAO NILAKHE
NIVRITTI BABURAO GHOLAVE
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(1.) THE short point that arises on this revision petition by the original plaintiff is whether plaintiff's suit was barred by limitation.
(2.) PLAINTIFF is a businessman and defendant-opponent in this revision petition had dealings with him between 3-2-1962 and 1-8-1963 and on account of this dealing the defendant owed a sum of Rupees 373-60 to the plaintiff at the foot of the account. This liability was acknowledged by the defendant on 5-11-1963. The plaintiff instituted the suit out of which this petition arises on 5-11-1966. The defendant pleaded that the suit was barred by limitation. This question was taken up for consideration as a preliminary issue by the trial Court and it held that the suit was barred by limitation and consequently dismissed it with costs.
(3.) THE view taken by the trial Court is obviously erroneous. Section 12 (1) of the Limitation Act, 1963 provides that in computing the period of limitation prescribed for any suit, appeal or application, the day from which such period is to be reckoned shall be excluded. Now, under Section 18 (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 (underlining is mine ). Section 1 of the General Clauses Act, 1897, provides that in any General Act or Regulation made after the commencement of this Act, it shall be sufficient for the purpose of excluding the first in a series of days or any other period of time to use the word "from", and, for the purpose of including the last in a series of days or any other period of time, to use the word "to". Since Section 18 91) of the Limitation Act provides that the fresh period of limitation shall be computed 'from' the time when the acknowledgment was so signed, in view of the provisions of Section 12 (1) of the Limitation Act and of Section 9 (1) of the General Clauses Act, it is clear that the day on which the acknowledgment is made will have to be excluded in computing the period of limitation of three years.;
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