TMI Blog2004 (1) TMI 723X X X X Extracts X X X X X X X X Extracts X X X X ..... tional Judge, City Civil Court, Hyderabad. The suit was laid by the plaintiff for recovery of an amount of ₹ 14,480/- on the ground that the defendant in order to purchase a house, had obtained a loan of ₹ 14,480/- and had executed an agreement Ex. A-7 on 12-5-1977. In spite of his requests, the amount was not paid back. However, the liability of defendant was acknowledged by him in wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... obtained by the plaintiff is not admissible in evidence? 3. Whether the bond dated l-7-1978was obtained by the plaintiff by exercising fraud and coercion as alleged by the defendant? 4. Whether the deft, repaid the amount of ₹ 8,000/- to the plaintiff? 5. Whether the plaintiffs claim is not maintainable in law and the plaintiff failed to make his claim on the original cause of actio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . But the fact remains that the document has been admitted by the defendant to be the document signed by him and the plaintiff had also relied on this document for the purpose of showing that the debt was acknowledged even on 1-7-1978, suit was filed on 20-8-1981. The suit has been filed admittedly beyond three years from 1-7-1978. The trial Court in our view, was clearly wrong in coming to the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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 shal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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