KHAGENDRA NATH DAS Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) HEARD Mr. MA Sheikh, learned counsel for the appellant. This second appeal was admitted for hearing on earlier by this Court on 1.6.2001 with the following 2 (two) substantial questions of law :

(2.) THE respondent -plaintiff, Union Bank of India instituted money Suit No. 11 of 1985 before the Assistant District Judge, Barpeta stating, inter alia, that a lone of Rs. 28,910 was given to the defendant Nos. 1, 2 and 3 on 8.1.1979 on execution of necessary documents for purchasing of power tiller. The defendants paid a sum of Rs. 2,000 and thereafter, defaulted in making payment. They, however, executed another promissory note on 7.1.1982, whereupon the pleader's notice was issued to them vide Ext. 7 and defendants acknowledged the liability vide Ext. 8 on 4.6.1982.

(3.) THE basic facts of the case are not in dispute. The loan was alledgly taken on 8.1.1979 arid a sum of Rs. 2,000 was paid against the said loan on 30th of October, 1979. Ext. 2 is the subsequent promissory note issued by the defendant Nos. 1, 2 and 3 on 7.1.1982. The question that arises for consideration is whether Ext. 8 amounts to acknowledgement under Section 18 of the Limitation Act. The authorship of Ext. 8 is not in dispute and it was sent by the defendants in reply to the notice Ext. 7, received. The contents of Ext. 8 is reproduced below :