(MAULVI) ABDUL GHANI Vs. BCHIRANJI LAL

JUDGEMENT

(1.) The question of law raised by this application in revision is whether an acknowledgment of a debt made after the expiration of the three years period prescribed by Sch. 1 for a suit on a promissory note, but made before a suit on the note was actually barred by limitation, was a good acknowledgment,

(2.) It appears that the acknowledgment in this case was made while the right of institution of suit was still subsisting owing to holidays hearing come in. The limitation was to expire on 17 of October 1923 on the promissory note on which the suit was brought, but the suit could be instituted on the 23 as the period between the 17 of October and 22 October, 1923 was a holiday.

(3.) The Court below has decided against the defendant, hence this application in revision.