SECTION - B

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QUES 1:
'Acknowledgement' generally means acceptance or admission of something that exists.
Section 18 of the Limitation Act, 19631 uses the term 'acknowledgement' to mean an
admission of an existing liability in lieu of which the period of limitation is
extended. A perusal through section 18 of the Limitation Act indicates certain
conditions to be fulfilled in order to emphasize acknowledgement. They are:
1. Acknowledgment must be made before the expiration of the period of limitation:
The acknowledgment must be made after the period of limitation has begun to run and
while it is actually running.
The expression will include any period prescribed by the Act, whether in the body
of the Act or in the first schedule.
2. Acknowledgment of liability must be in writing:
Hence an oral acknowledgment is not sufficient. Similarly, a mere payment of a sum
of money towards the debt is not sufficient under the section although such payment
may be intended as an acknowledgment of the debt.
3. Acknowledgment must be signed by the person making the acknowledgment or by his
agent duly authorised in this behalf:
An acknowledgment not so signed will not be sufficient for the purpose of this
section. Thus, a telegram cannot constitute a sufficient acknowledgment under this
section as telegrams are not signed by the parties sending them.
4. Acknowledgment must be made by the party against whom any property or right is
claimed, or by some person through home he derives title or liability:
It is not necessary that at the time when the acknowledgment is made, such person
must have an interest in the property in respect of which the acknowledgment is
given.
5. Acknowledgment must be in respect of particular property or right claimed in the
suit or application:
An acknowledgment of liability under this section must be in respect of the
particular property or right claimed in the suit. In other words, unless it is
shown that the right, acknowledged is identical with the right claimed in the suit,
the section will not apply.

QUES 2:
Effect of acknowledgment or payment by another person.—
(1) The expression “agent duly authorised in this behalf” in sections 18 and 19
shall, in the case of a person under disability, include his lawful guardian,
committee or manager or an agent duly authorised by such guardian, committee or
manager to sign the acknowledgment or make the payment.
(2) Nothing in the said sections renders one of several joint contractors,
partners, executors or mortgagees chargeable by reason only of a written
acknowledgment signed by, or of a payment made by, or by the agent, of, any other
or others of them.
(3) For the purposes of the said sections,—
(a) an acknowledgment signed or a payment made in respect of any liability by or by
the duly authorised agent of, any limited owner of property who is governed by
Hindu law, shall be a valid acknowledgment or payment, as the case may be, against
a reversioner succeeding to such liability; and
(b) where a liability has been incurred by or on behalf of a Hindu undivided family
as such, an acknowledgment or payment made by, or by the duly authorised agent of,
the manager of the family for the time being shall be deemed to have been made on
behalf of the whole family.

SECTION - A
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QUES 1:
Where a suit is to obtain relief respecting, or compensation for wrong to,
immovable property situate within the jurisdiction of different Court, the suit may
be instituted in any Court within the local limits of whose jurisdiction any
portion of the property is situate :

Provided that, in respect of the value of the subject matter of the suit, the
entire claim is cognizable by such Court.

QUES 2:
.Other suits to be instituted where defendants reside or cause of action arises.-

Subject to the limitations aforesaid, every suit shall be instituted in a Court

within the local limits of whose jurisdiction-

(a) the defendant, or each of the defendants where there are more than one, at the
time of the commencement of the suit, actually and voluntarily resides, or carries
on business, or personally works for gain; or

(b) any of the defendants, where there are more than one, at the time of the
commencement of the suit, actually and voluntarily resides, or carries on business,
or personally works for gain, provided that in such case either the leave of the
Court is given, or the defendants who do not reside, or carry on business, or
personally work for gain, as aforesaid, acquiesce in such institution; or

(c) the cause of action, wholly or in part, arises.