L SHANKER LAL Vs. RANA LAL SINGH

JUDGEMENT

(1.) This second appeal-raises two questions of limitation, and the second appeal has been referred to a Full Bench for decision. The plaintiffs sued on 3 January 1933, on a promissory note-executed in their favour by the defendants" on 29th July 1927. The note was payable, on demand and under Art. 73 of Schedule 1, Lim. Act, Act 9 of 1908, the suit should be brought within three years from the date of the promissory note. Nothing was paid by the executants towards principal or interest. The estate of the executants was taken under the Court of Wards by the Collector and a notice was published on 3 August 1929, under Section 17, United Provinces Act 4 of 1912, the court of Wards Act, calling on persons having, claims against the estate to notify the claims to the Collector. The plaintiffs notified their claim and the Collector allowed the claim under Section 19 on 13th October 1930, and the Board of Revenue confirmed this order on 30 October 1930. But the claim was not paid and the estate was released on 21 December 1931.

(2.) The plaintiffs, appellants claim that the admission of their claim by the Collector on 13 October 1930, and by the Board of fievenue on 30 October 1930, are admissions under Section 19, Lim. Act, from which a fresh period of three years limitation began to run. Both the Courts below have held against this claim and have dismissal the suit on the ground of limitation. The second ground of appeal conteste a finding of the lower Appellate Court that: The powers of a Collector in regard to claima are limited by Section 19, Court of Wards Act, where a Collector can only allow or reject a particular claim, but cannot acknowledge it as an agent or representative of his wards.

(3.) The contrary has been held in Kamla Kuar V/s. Har Sahai (1888) A.W.N. 187 and in Beti Maharani V/s. Collector of Etawah (1895) 17 All. 198. This is abundant authority for the proposition that the Collector in charge of the Court of Wards was the duly authorized agent of the defendants for the purpose of making such an acknowledgment. Section 19, Lim. Act, sets out its requirements in sub-section (1) as follows: Where before, the expiration of the period prescribed foe a suit or application in respect of any property or right, an acknowledgment in respect of such property or right has been made in writing, etc.