No acknowledgement to suit claim, mere payment by itself would not save the limitation - Mere issuance of a cheque could not be treated as an acknowledgement of liability

Citation

2018-1-L.W. 927

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved On : 19.12.2017

Pronounced On : 12.01.2018

S. A.No.694 of 2001

T.Ravindran, J.

V.Gopalan (Deceased) & others... Appellants

Vs.

R. Narayanan.     ...Respondent

Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, against the judgment and decree of the VIII Additional City Civil Court, Chennai made in A.S.No.54/1996 dated 09.10.1996 setting aside the decree and judgment in favour of the Appellant (Plaintiff) made in O.S.No.5132/1988 dated 09.03.1994 on the file of the XI Assistant City Civil Court, Madras.

Limitation act (1963), Section 19

held: no acknowledgement to suit claim, mere payment by itself would not save the limitation Mere issuance of a cheque could not be treated as an acknowledgement of liability Para 17