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Akkamma v. Kopparam Rangappa

Madras High Court
Aug 14, 1913

1. The decision in Rama Rau v. Venkatesa Bhandari(1) lays down the law binding on this Court so far as the interpretation of Section 19 of the old Limitation Act is concerned.

2. The decision treated acknowledgments of decree debts as not having the effect of initiating a new period for limitation. Notwithstanding therefore acknowledgment relied on by the decree-holder in this case, his application for execution became barred in 1908 before the new Limitation Act came into force on 1st January 1909, and the said Act cannot revive a barred right without express words. The appeal is allowed, the orders of the lower Courts are set aside and the execution petition will stand dismissed.

3. The parties will bear their respective costs throughout.

S.N/R.K

4. Appeal allowed.