High CourtsDivision Bench

Shib Lal and Others vs Hira Lal and Another

Allahabad High Court · Decided on 8 March 1878 · Citation: (1875) ILR (All) 622

HON’BLE JUDGES
Turner, J · Pearson, J
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Judgment

1 paragraphs · 87 words

Turner, J.—The receipt cannot be used for the purpose which the appellants apprehend. To support a plea that a new period of limitation has accrued from part payment of principal, the fact of payment must appear in the handwriting of the person making the same on the instrument on which the debt arises, or in his own books, or in the books of the creditor. The appellants cannot then be held to have reasonable ground to apprehend injury from the document. The appeal is dismissed with costs.