TMI Blog1933 (3) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... ismissed. When the appeal was argued before me only two points was raised: (1) that a letter of acknowledgment relied upon by the plaintiff as saving limitation was not an acknowledgment which would bring into play the provisions of Section 19, Lim. Act, and so suspend the operation of the ordinary three years' rule, and (2) that the letter written by Mr. Dutt, a pleader, was not proved to hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esent transaction. Your client has failed to supply any account * * * I am therefore to request your client * * * to supply my clients with a true and faithful account so that my clients can definitely ascertain the amount still payable by them. On going through the accounts if my clients are satisfied that they are correct my clients will pay off whatever may be the balance before the month of Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lalchand (1911) 35 Bom 802. I have no hesitation in holding that the letter quoted is an acknowledgment of liability and a promise to pay before the end of March 1929. The other point raised was that this letter was not proved to have been written on the instructions of Hamida Bi, the present appellant. She was sued together with her husband L. M. Madar against whom the suit was dismissed on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter from Bijapurkar and jointly replying to it. Hamida Bi when examined in chief said nothing about receiving a notice from Bijapurkar, nor did she disclaim having instructed Mr. Dutt to reply as per exhibit and for her husband to be examined on the point; so if her case was that she had not any connexion with the 'letter, it was her advocate's duty to bring it out. As so often happens, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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