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What is Effect of fraud or mistake? What is Effect of acknowledgment in writing? Section 17 and 18 of Limitation Act 1963

 
 

Effect of fraud or mistake and Effect of acknowledgment in writing are defined under section 17 and 18 of Limitation Act 1963. Provisions under these sections are:

Section 17 of Limitation Act "Effect of fraud or mistake"

(1) Where, in the case of any suit or application for which a period of limitation is prescribed by this Act-
a. the suit or application is based upon the fraud of the defendant or respondent or his agent; or
b. the knowledge of the right or title on which a suit or application is founded is concealed by the fraud of any such person as aforesaid; or
c. the suit or application is for relief from the consequences of a mistake; or
d. where any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him;

the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake or could, with reasonable diligence, has discovered it, or in the case of concealed document, until the plaintiff or the applicant first had the means of producing the concealed document or compelling its production:

Provided that nothing in this section shall enable any suit to be instituted or application to be made to recover or enforce any charge against or set aside any transaction affecting, any property which-

 
   

i. in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know, or have reason to believe, that any fraud had been committed, or

ii. in the case of mistake, has been purchased for valuable consideration subsequently to the transaction in which the mistake was made, by a person who did not know, or have reason to believe, that the mistake had been made, or

iii. in the case of a concealed document, has been purchased for valuable consideration by a person who was not a party to the concealment and, did not at the time of purchase know, or have reason to believe, that the document had been concealed.

(2) Where a judgment-debtor has, by fraud or force, prevented the execution of a decree or order within the period of limitation, the court may, on the application of the judgment-creditor made after the expiry of the said period extend the period for execution of the decree or order:

Provided that such application is made within one year from the date of the discovery of the fraud or the cessation of force, as the case may be.

Section 18 of Limitation Act "Effect of acknowledgment in writing"

(1) Where before the expiration of the prescribed period for a suit or application in respect or any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derived 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 thee acknowledgement 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 shall not be received.

Explanation - For the purposes of this section, -

a. an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set-off, or is addressed to a person other than a person entitled to the property or ornight;

b. the word "signed" means signed either personally or by an agent duly Authorized in this behalf ; and

c. an application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right.

NOTES - It is not necessary that an acknowledgment within Section 18 must contain a promise pay or should amount to a promise to pay. (Subbarsadya v.Narashimha, AIR 1936 Mad.939)

The above section corresponds to S.19 of the old Act and makes slight changes.

 

Limitation Act 1963

What is Effect of fraud or mistake? What is Effect of acknowledgment in writing? Section 17 and 18 of Limitation Act 1963

What is Effect of payment on account of debt or of interest on legacy? What is Effect of acknowledgment or payment by another person? Section 19 and 20 of Limitation Act 1963

What is Effect of substituting or adding new plaintiff or defendant? What is Continuing breaches and torts? Section 21 and 22 of Limitation Act 1963

What is Suits for compensation for acts not actionable without special damage? What is Computation of time mentioned in instrument? What is Acquisition of easement by prescription? Section 23,24 and 25 of Limitation Act 1963

What is Exclusion in favor of reversionary of servant tenement? What is Extinguishment of right to property? Section 26 and 27 of Limitation Act 1963

 

 

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