Alella Kesavaramayya and Others vs Visamsetti Venkatanarasimha and Others

The only question in this second appeal is whether the suit is barred by limitation. The plaintiffs are the sons of Venkayya Garu and sue the

defendants who are the members of the Committee called Sri Kannika Parameswari Visyam Chetty Venkataratnam Hindu High School

Committee for a certain sum alleged to be due to the plaintiffs. The Subordinate Judge gave a decree in favour of the plaintiffs. On appeal the

District Judge at Masulipatam dismissed the suit on the ground that it was barred by limitation.

The defendants who are the members of the Sri Kannika Parameswari Visyam Chetty Venkataratnam Hindu High School Committee, took

over the management of the Hindu High School at Bezvada with all its assets and liabilities from another Committee called Sri Kannika

Parameswari Hindu High School Committee in November 1915. Both the Committees were registered under the Registration of Societies Act,

1860. Venkayya advanced considerable sums of money for the upkeep of the school and for certain buildings connected with the school and the

committee of the school authorised two of its members to execute a promissory-note in his favour for the amount due. Exhibit E was executed on

18th November 1913. The suit was filed on 14th November 1916. The promissory note was found to be invalid as it was made payable to

bearer. The plaintiffs rely upon Section 19 of the Limitation Act and wish to treat Ex. E as an acknowledgment in writing and signed by the agent of

the debtors duly authorised in their behalf. The contention of Mr. Varadachariar for the respondents is that the executants of Ex. E were not

authorised to make an acknowledgment u/s 19 of the Limitation Act. Exhibit D-3 which is dated 17th November 1917, he contends is not an

acknowledgment, for it only authorises two members of the Committee to execute a promissory-note. D-3 is the resolution of the Committee

authorising the President and the Secretary and a member of the Committee (Gopal Rao) to execute a promissory-note for the sum of. Rs. 3,500

to Venkayya Pantulu. D-3 is not an acknowledgment of liability. In pursuance of the authority Ex. E was executed on 18th November 1913

Exhibit E, therefore, is an acknowledgment of liability of the Committee to the extent of Rs. 3,500 to Venkayya. It is not necessary that in the

promissory-note itself the fact that it is an acknowledgment should be recited; the execution of the note itself is in acknowledgment of the liability.

When a person borrows a certain sum of money and executes a promissory-note he executes it for the consideration received by him and when it

is executed in respect of a consideration already passed it is an acknowledgment of the liability to pay the amount mentioned in the note. It was

held in Nachimuthu Chetty v. Andiappa Pillai (1917) M.W.N. 778 that though a promissory note cannot be enforced as offending against Section

23 of the Paper Currency Act, it can nevertheless be used as evidence of an acknowledgment of liability. This case was followed in Natarajulu

Naicker v. Subramaniam Chettyar 16 L.W. 705 : 43 M.L.J. 695. Exhibit E mentions the proceedings of the Committee and recites the fact that it

is executed on behalf of the Committee. Exhibit E, therefore, is an acknowledgment of liability within the meaning of Section 19 of the Limitation

Act and the suit filed within 3 years of it is not barred by limitation.

The appeal is allowed and the lower Court will try the other issues in the case. The appellants will be entitled to the costs of the second appeal.