FRANCIS Vs. ANTONY

JUDGEMENT

(1.) The short question arising for consideration in the appeal is whether an acknowledgment of liability by the mortgagor after assignment of his right and ceasing to have interest in the mortgaged property will constitute an acknowledgment under Section 18 of the Limitation Act extending the period of limitation.

(2.) Suit was for money by sale of the mortgaged property. Suit was decreed by the Additional Sub Judge, Kochi and the appeal is by defendants 3 and 6 in the suit.

(3.) The 1st respondent in the appeal was the plaintiff and he had passed away pending the appeal and his legal representatives have been impleaded as additional respondents 6 to 15. 2nd respondent/1st defendant in the suit had also passed away pending the appeal and 2nd appellant was recorded as her legal representative.