Sobhanadri Appa Rau vs Sriramulu

Muttusami Ayyar, J.—This was a suit upon a bond executed by the defendant''s mother as his guardian in renewal of an old debt. The

Subordinate Judge dismissed the suit on the ground that, but for the new bond, the old debt would be barred by limitation at the date of suit, and

that a guardian was not competent to make an acknowledgment on behalf of his ward so as to give a fresh start for the period of limitation. The

decision of the High Court at Calcutta in Wajibun v. Kadir Buksh ILR 13 Cal. 295 is not consistent with the principle and the decision of the Full

Bench of this Court in Chinnaya v. Gurunatham ILR 5 Mad. 169 According to the last-mentioned decision, the manager of a joint Hindu family, in

which there may be minors, has authority to acknowledge a debt, provided that it is not barred at the date of acknowledgment. In my opinion, such

an acknowledgment may often be necessary to obtain an extension of time for payment of minor''s debt and thereby prevent imminent pressure on

the minor''s property, and I see no reason to think that it is not an act within the general power of a guardian to do what is either necessary in the

interest of the minor or what is manifestly for his benefit. Following the principle of the decision of the Full Bench of the Madras High Court, I set

aside the decree of the Subordinate Judge and remand the case for disposal on the merits. Costs incurred hitherto will abide and follow the result

and be provided for in his revised judgment.