Law: Limitation Act (IX of 1908)

Section: 19, 21

Law: Contract Act (IX of 1872)

Section: 128

limitation Act (IX of 1908)  Ss. 19 & 21(21 read with Contract Act (IX of 1872), S. 128-Liabi lities of principal debtor and surety-Principal debtor or surety making payment towards debt-Fresh period of limitation starts only for one making payment and not for the other. Where the question was whether by a return of acknowledgment, made by the principal debtor a fresh period of limitation is to be computed as far as the guarantors are concerned. Held : The liabilities of the debtor and surety though arising out of the same transaction are distinct and the payment of interest by the principal debtor .cannot extend the period of limitation for the institution of a suit for the recovery of the debt of his surety, and that even if debt is deemed to be -joint, section 21(2) shows that the payment by one of them (the debtor) ,does not extend the time against the other. The preponderance of the either a principal debtor or a surely makes a payment towards the debt he thereby starts a fresh period of limitation only for himself and not the other and it is obvious that the same principle will apply in relation to an acknowledgment by one or the other. A. J. Van Wey7ng v. D. H. Jivandas & Co. I L R 28 Bom. 243 1 Brojendro Kissore Roy Chowdhury v. Hindustan Co-operative Insurance Society Ltd A I R 1918 Cal. 707 : Chara Chandra Bandopadhava and another v. L. Faithful A I R 1919 Cal. 686 ; Sawalal Vemichand v. Fazle Hussain Rajabali Bohra and . another A I R 1939 Nag. 31 and Diyale Mal v. Nandu Shah Dev Raj and others A I R 1931 Lah. 691 ref. Dates for hearing i 12th, 14th, November 19742 30th and 31st January 1975.                                                                                                                             JUDGMENT This is a Bank suit for recovery of Rs. 3,73,971.04. The defendant No. 1 mortgagor is the principal debtor and…