ARUNACHALAM Vs. KANAKAMBIGAI AMMAL

JUDGEMENT

(1.) PLAINTIFF in O.S. No. 919 of 1978, on the file of the Additional District Munsif's Court, Kulithalai, is the appellant.

(2.) SUIT filed by him was one lor recovery of money, alleging that respondent's husband late Rajagopal Pillai had borrowed amounts from the plaintiff on 30-1-1970 and 23-4-1970. It is also contended that the defendant acknowledged the liability of debt by part payment on both promissory notes dated 27-1-1973 and 27-3-1973. It is also contended that there was a Moratorium in filing suits and the plaintiff also bona fide believed that the defendant was entitled to various Debt Reliefs Act, he filed the suit after the Mmoratorium period is over.

(3.) IN the plaint, the appellant has no case that the defendant is a constituted agent, for acknowledging the liability. He only said that there is an acknowledgement of liability of two debts by making part payment. Even according to the plaintiff, the acknowledgements were made by the defendant, when the debtor, her husband was alive. It is to over-come this difficulty, when the plaintiff was examined, it was stated that during the relevant time, her husband was in the hospital, and therefore, his wife acknowledged the liability. The question is what is the effect of that acknowledgement.