Kajal Tyagi 15 December 2023

Limitation act query

Question - Under section 19, Limitation Act, 1963

(a) payment by cheque which is dishonoured on presentation amounts to part payment and shall save limitation

(b) payment by cheque which is dishonoured on presentation does not amount to part payment and will not save limitation

(d) either (a) or (c).

Answer given in the book is (c)

But I think it should be (d)

Please guide.

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Dr. J C Vashista (Advocate ) 16 December 2023

Great question paper !!!!

Section 19 in The Limitation Act, 1963 reads as under:

"19. Effect of payment on account of debt or of interest on legacy.—

Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from the time when the payment was made"

Provided that, save in the case of payment of interest made before the 1st day of January, 1928, an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making the payment.

Explanation.—For the purposes of this section,—

"(a) where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such land shall be deemed to be a payment;

(b) “debt” does not include money payable under a decree or order of a court.

It is to be (a) & (c) both for me.