GOVINDRAM JAISIRAM Vs. GULAB RAO MAHADEO RAO

JUDGEMENT

(1.) THE appeal in the lower appellate Court was decided against the plaintiffs on a preliminary issue of limitation. The plaintiffs have come up in appeal here.

(2.) THE suit was on a bond, Ex. P-1, dated 19th February 1936. It was executed by Mahadeo, the father of defendants 1 and 2, and by defendant l on his own account. The other defendant was then a minor. Mahadeo acted as manager of the family and the bond was in payment of antecedent debts which were binding on the family.

(3.) ON 22nd December 1937 Mahadeo applied to the Debt Conciliation Board. The application is Ex.P-6, and the only thing material in it for present purposes is that it contains an acknowledgment of liability which, according to Bhalchandra Rao v. Brijlal A.I.R. (33) 1946 Nag. 344 and Ghanshyam v. Girijashankar A.I.R. (31) 1944 Nag. 247, serves to extend limitation under Section 19, Limitation Act. The proceedings remained pending till 28th February 1939. The plaintiffs did not agree to a settlement and so the Debt Conciliation Board granted the debtor a certificate under Section 15(1), Debt Conciliation Act. This certificate is Ex.D-2.