MUTHUKUMARA MUDALIAR Vs. CHOCKALINGA MUDALIAR

JUDGEMENT

(1.) The statement which the Courts below have taken to be an acknowledgment of liability sufficient to save limitation, is the statement made by the present and 2nd defendant, who was 3 defendant in Original Suit No. 28 of 1911, when examined as 2nd witness for plaintiff, when he said, "I am the 3 defendant. I and the 2nd defendant purchased some land from the 1 defendant. For the balance of price due to her, Exhibit A was executed."

(2.) We are unable to accept the view that this was an acknowledgment of a liability subsisting at the date when the witness deposed.

(3.) The witness did not speak of the price as being still due to the 1 defendant at the time.