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Monday 15 October 2012

period of limitation does not remain suspended unless it is specifically provided in Law


whether there is any well-recognized principle whereunder
the period of limitation can be regarded as being  suspended
because a  party is prevented under  certain  circumstances
from  taking  action  in  pursuance  of his  rights. The
Limitation  Act is  a consolidating  and  amending  statute
relating  to  the limitation of suits, appeals and  certain
types  of  applications to courts and  must,  therefore,  be
regarded as an exhaustive Code. It is a piece of  adjective
or  procedural law and not of substantive  law.   Rules  of
procedure,  whatever they may be, are to be applied only  to
matters  'to  which  they  are made  applicable   by the
legislature  expressly or by necessary implication. They
cannot be extended by analogy or reference to proceedings to
which they do riot expressly apply or could be said to apply
by  necessary  implication.   It would, therefore,  not  be
correct to apply any of the provisions of the Limitation Act
to matters which do not strictly fall within the purview  of
those provisions.  Thus, for instance, period of  limitation
for  various  kinds of suits, appeals and  applications are
prescribed  in the First Schedule.  A proceeding which does
not  fall under any of the articles in that  schedule  could
not be said to be barred by time on the analogy of a  matter
which  is  governed by a particular article,  For  the same
reasons the  provisions of ss. 3 to 28 of  Limitation Act
cannot be  applied to situations which fall  outside  their
purview.   These  provisions do not  adumbrate any  general
principles  of substantive  law  nor  do  they confer any
substantive rig, its on litigants and, therefore, cannot  be
permitted to have greater application than what is  explicit
or   implicit in  them.   Suspension of   limitation  in
circumstances  of  the kind obtaining in  these appeals  is
neither explicit nor implicit in s. 15 upon which  reliance
is  placed on behalf of the appellants.

PETITIONER:
A.   S. KRISHNAPPA CHETTIAR & ORS.

Vs.

RESPONDENT:
NACHIAPPA CHETTIAR & ORS.

DATE OF JUDGMENT:
07/03/1963



CITATION:
 1964 AIR  227SC


ACT:
Limitation-Suspension of limitation in cases not covered  by
any  specific provision of the Act, general principles of--
Letter  written   by defendant   to  the trustees-If
acknowledgment of liability--Indian Limitation Act, 1908  (9
of 1908), 88. 15 (1), 19.




HEADNOTE:
The plaintiff, Ramanathan Chettiar, obtained a decree in  O.
S.  No. 45  of 1943 for the recovery of an  amount  due  on
promissory  note  against  one Venkatachalam  Chettiar and
assigned the decree in favour of the appellant in C. A. 105
of  1961.   The execution application filed  by him  proved
infructuous  because the first defendant was adjudicated  an
insolvent  on  February 27, 1945.  On September 9,  1946  a
composition of the debts due from the insolvent and his son,
the  second  defendant, was arrived at.   To  the  deed  of
composition the second defendant was also a party though  he
was  not  adjudicated  an insolvent.  Under  that  deed the
creditors,  including  the  four appellants  in this  case,
agreed to  take  40% of the dues.   Under  the composition
arrangement, the entire property of the defendants, both  in
India and in Burma was to vest in four trustees, one of whom
was the insolvent that is, the first defendant to the  suit.
Two  of the trustees were the present appellant in C A. No.
104  of 1961 and the fourth trustee was an  outsider. The
deed  provided for the payment of the reduced amount by the
trustees  to  different creditors from the  income  of the
properties or by sale or mortgage of those properties within
tour years from April 14, 1947. Tile deed further  provided
for   the  extension  of  this time  limit  "according  to
exigencies and necessity it the discretion of the first two
trustees"  i.  e.,  the first defendant and  the  appellant
Chidambaram  Chettiar. The  composition  contemplated the
realisation of the dues of the creditors front the income or
sale  or  mortgage  of the Barma  property,  in  the  first
instance.   The composition  scheme  was  accepted  by the
insolvency court and the adjudication of the first defendant
as insolvent was annulled by the court on December 19, 1946.
Out of the Burma assets very little was realised within the
period of four years prescribed in the composition deed and
the trustees did not extend the time.
242
The appellants, therefore, sought execution of their decrees
against the Indian assets.  The last execution application
in O. S. No. 46 of 1943 was dismissed on September 19, 1946,
and  no petition was filed thereafter till 'June  13,  1952.
Similarly in the other three appeals execution applications
were filed more than three years after the dismissal of the
previous   applications.    In each of   the   execution
applications,  relief  was claimed only against the  second
defendant.  The Subordinate Judge, before whom the execution
applications were filed, held that the adjustment  precluded
each  of  the  appellants from executing his  decree  for  a
period of four years from April 14, 1947 and, therefore, the
execution  applications were within time.  The High  Court
disagreed  with the Subordinate Judge and holding  that the
execution petitions were barred by time allowed the appeals.
The main contention of the appellants in this Court was that
the  principle underlying s. 15 (1) of the  Limitation Act
applied to  the  present case and at any  rate the  letter
written by the second defendant to the trustees operated  as
an acknowledgment of liability under s. 19 of the Limitation
Act.
Held, that s. 15 (1) of the Limitation Act is restricted  in
its  application to a case where the execution of  a  decree
has  been  stayed  by  an  injunction  or  an  order. The
Limitation Act is a piece of adjective or procedural law and
not  of substantive  law.  Rules  of  Procedure  cannot  be
extended  by  analogy or reference to proceedings  to  which
they  do  not expressly apply or could be said to  apply  by
necessary   implication.    Suspension of   Limitation  in
circumstances  of  the kind obtaining in  these appeals  is
neither explicit nor implicit in s. 15    upon     which
reliance is placed by the appellants.
Govind Naik Gurunathnaik v. Basawannawa Parutappa, 1. L.R.
1941 Bom. 435, Pulin Chandra Sen v. Amin Mia Muzaffar Ahmad,
A. I.R.1933 Cal. 508, Lakhan Chunder Sen v. Madhusudan Sen,
(1907) 1.  L. R. 35 Cal. 209, Nrityamoni  Dassi  v.  Lakhan
Chandra Sen, ( 1916) 1. L. R. 43 Cal. 660, Badruddin Khan v.
Mahyar Khan, I. L. R. 1939 All. 103 and Managing  Committee
Sunder Singh  Malha  Singh Rajput High School,  Indore  v.
Sunder Sigh Malha Singh Sanatan Dharma Rajput High  School
Trust, I. L. R. 1945 Lah. 8, distinguished.
Held,  further, that in the present appeals  two  different
sets of persons, the defendants and the Trustees were liable
and their respective liablities were distinct. To refer  to
a liablility resting on some one else was not to acknowledge
one's own liability within the meaning of the word in s. 19.
The defendant No. 2 had not even indirectly referred to the
 243
decree much less to the liability arising under any of them.
In  the circumstances it must be held that the letter  dated
April 19, 1949, did not extend the period of limitation.
Khan Bahadur Shapoor Freedom Mazda v. Durga Prosad  Ckamaria
[1962] 1 S. C. R. 140, held inapplicable



JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeals Nos. 104 to 107
of 1961.
Appeals from the judgment and order dated July 5, 1956,  of
the Madras High Court in Appeal against order No. 480, 454,
478 and 479 of 1954 respectively.
A.V.  Viswanatha  Sastri  and  R.  Gopalakrishnan,  for the
appellant.
K.N.  Rajagopal Sastri and M. S. Narasimhan, for  respondent
No. 1.
1963.  March 7. The judgment of the Court was delivered by
MUDHOLKAR  J.--This appeal and civil appeals Nos.  104, 106
and  107 of 1961 arise out of execution proceedings in four
different  suits but as they involve a common question they
were heard together by the High Court and by us.  That ques-
tion  is  whether the execution applications  out  of  which
these appeals arise are within time.
We propose to treat C. A. No. 105 of 1961 as a typical case.
The relevant facts thereof are briefly these :
In  O. S. 46 of 1943 one Ramanathan Chettiar  instituted  a
suit against one Venkatachalam Chettiar in the court of the
Subordinate  Judge of Devakottai, for the recovery of a sum
of  Rs. 10,285/- due on promisory note dated  November 20,
1942 with interest thereon.  He eventually obtained a decree
for the full claim.  In so far as the second defendant
244
is concerned, he was made liable for the decrctal amount  to
the extent of this interest in the joint family property  of
himself and his father.  The plaintiff assigned the  decree
in  favour of Chidambaram Chettiar, who is the appellant  in
C.  A. 105 of 1961.  He filed an execution  application but
the   execution  proceedings  commenced   by him   proved
infructuous  because the first defendant was adjudicated  an
insolvent  on  February 27, 1945.  On September 9,  1946  a
composition of the debts due from the insolvent and his son,
the  second  defendant. was arrived at.   To  the  deed  of
composition the second defendant was also a party though  he
was  not  adjudicated  an insolvent.  Under  that  deed the
creditors,  including the four appellants before us,  agreed
to  take 40% of the dues, except one creditor who was to  be
paid  a little more.  The defendants, it may  be  mentioned,
bad  extensive money-lending business in Burma and the bulk
of  their property was situate in that country.  Under the
composition   arrangement   the entire property   of the
defendants,  both in India and in Burma was to vest in four
trustees, one of whom was the insolvent, that is, the  first
defendant to the suit. Two of the trustees were the present
appellants,  Chidambaram Chettiar and  Krishnappa  Chettiar,
appellant  in C. A. 104 of 1961.  The fourth trustee was  an
outsider.   The total indebtedness of the  defendants,  as
ascertained  on the  date  on which  the  composition was
effected,  was Rs. 2,16,077/4/8/- but it was  reduced  under
the   arrangement  to  Rs.  86,430-13-3.   There  are four
schedules to the composition deed.  Schedule A sets out the
names of the creditors and the amounts due to them, Schedule
B sets out the properties of the defendants and Schedules  C
and D set out the properties at Leiwo and Meola respectively
in Burma.  The deed provides for the payment of the  reduced
amount by  the trustees to different creditors  from the
income of the properties or by sale, or mortgage  of  those
properties within four
 245
years  from April 14, 1947.  The deed further  provides for
the  extension of this time limit "according  to  exigencies
and  necessity at the discretion of the first two  trustees"
i.e.,  the  first defendant and the  appellant Chidambaram
Chettiar.   The arrangement also provides  for payment  of
interest at 5 annas per mensem in respect of the amounts due
on  the decrees and 4 annas per mensem in respect  of  other
outstandings  as  from April  14,  1947.   The composition
contemplated  the realisation of the dues of  the  creditors
from  the income or sale or mortgage of the Burma  property,
in  the first instance.  Clause to which  deals  with this
matter runs as follow
     "In case the properties of Burma firm are not
     sufficient  to  pay the amounts set  apart  as
     payable  to the creditors at 40 per  cent the
     individuals  Nos. 1 and 2 Trustees shall sell
     the properties in British India and set out in
     the B schedule herein and from out of the sale
     proceeds distribute   the  amount   to the
     creditors.   Similarly, after the 40 per cent
     amounts have been paid and if there should  be
     any  amount of deficiency for the payment  of
     the  60 per cent amount payable to  Krishnappa
     Chettiar as described in para 6 supra, even
     for  that also, the individual Nos.  1  and  2
     Trustees shall  sell  the  aforesaid  British
     India   properties  and  pay   the   aforesaid
     Krishnappa   Chettiar   the   entire   balance
     amount."
The  composition  deed contains various other terms  out  of
which it would be relevant to set out only the following two
:
      "Clause 8 : Until 40 per cent of the  amount
     is  paid to the creditors as  aforesaid, the
     said   Trustees, shall at   the   time  of
     disbursement of the dividend, pay from the 1st
     Chitirai of the year Sarvajith for the  annual
     expenses of the
     246
      family, a sum of Rs. 600 per annum to indivi-
     dual No. 4 Trustees Venkatachalam Chettiar and
     a sum  of  Rs.  300  per annum to  his son
     Nachiappa Chettiar for the aforesaid expenses.
      Clause 16 : After the annulment of the  order
     of adjudication herein, the aforesaid Venkata-
     chalam Chettiar shall, in respect of  transfer
     etc.,   of   management  of   the  properties
     mentioned in  C and D  schedules,  execute  a
     general  power  of attorney in the  favour  of
     individual Nos.  1 and 2 trustees and have the
     same registered."
The composition scheme was accepted by the insolvency  Court
and the adjudication of the first defendant as insolvent was
annulled by the court on December 19, 1946.
Due  to political  changes in Burma only  very little was
realised  out of the Burma assets within the period of four
years prescribed in the composition deed.  The trustees who
were  empowered to extend the time did not extend  it. The
appellants,  therefore, turned to the Indian assets and
sought execution  of  their  decrees  against them. Two
contentions  were raised on behalf of the  defendants. One
was  that  the Indian assets could not be  sold  until the
assets in Burma were completely exhausted and the other was
that the execution applications were barred by time.
In  O. S. No. 46 of 1943 the last execution application was
dismissed on September 19, 1946 (E. P. No. 109 of 1946).  No
execution  petition  was filed thereafter till the  present
petition  (E.  P. No. 117 of 1952).  This was filed on June
13,  1952.   Similarly in the remaining three  appeals also
execu. tion applications with which we are  concerned were
filed  more  than  three years after the  dismissal  of the
previous  execution applications.  It may be mentioned that
originally the appellant as well as appellants in the  other
appeals had sought the execution of their
 247
respective  decrees for the fall amount.  But  they  amended
their petitions later on pursuant to the orders of the court
and  restricted their claims to 40 per cent of the  amounts
due under their decrees.  The appellant Chidambaram filed an
affidavit along with the execution petition and set out the
following  grounds  in support of his  contention  that the
execution application was within time.
     "The trustees were able to realise some of the
     assets of the defendants in Burma and to pay a
     dividend of 10 per cent to the creditors.   I
     was  paid a  sum of Rs. 562-4-0 by  way  of
     dividend for this decree on August 10,  1949.
     As  the  rest  of the  Burma  assets  of the
     defendant  could not  be  realised  by the
     trustees on account of the civil war in  Burma
     and the land legislations passed there and  as
     there was no prospect of their being  realised
     in  the  near  future  myself  and  A.  S.  K.
     Krishnappa  Chettiar  aforesaid  as   managing
     trustees under the said composition offered to
     extend  the period of management by  one year
     provided the defendants would consent to their
     Indian  assets being realised and distributed
     among the creditors.  But the defendants were
     not  willing thereto and hence we thought fit
     to  extend the period of our  management.  We
     have filed a petition in I. A. No. 87 of 1951
     in  the suit I. P. No. 1 of 1945 to  have the
     said composition scheme set aside and the 1st
     defendant re-adjudged as insolvent.  The said
     petition is pending.
     7.    I am   advised  that   as  the said
     composition arrangement has failed on  account
     of  the  assets of the  defendants  not  being
     realised and the debts discharged within the
     four year period mentioned therein I am in law
     and  in equity entitled to recover the  entire
     amount   due  to me  under  this decree  by
     executing it.
     248
     8.    The said  composition  provides  for  a
     maintenance  allowance of Rs. 600 and  Rs.  30
     annually being  given  to  the  1st  and 2nd
     defendant  respectively at  the   time  of
     distribution  of the dividends. In  respect
     thereof  a  notice  was  issued  by  the 2nd
     defendant on April 19, 1949 to myself and  A.
     S.  K. Krishnappa Chettiar  aforesaid  wherein
     there  is an acknowledgment of  liability  in
     respect of the several debts mentioned in the
     said composition. Further the trustees  have,
     acting  under the authority given to  them  by
     the  defendants  under the  said composition,
     paid me Rs. 562-4-0 on August 10, 1949 by way
     of  dividend  for this decree  and  have duly
     entered the same in the accounts maintained by
     them.  Moreover I could not execute the decree
     during  the four years from April 14, 1947  or
     any extended period during which the  trustees
     had  to  manage, realise and  distribute the
     assets of the defendants. There is  therefore
     no question of limitation.".
Similar grounds were set out in the affidavits filed by the
other appellants also.
It   may  be  mentioned that  in  each of   the   excution
applications  relief  was claimed only against the  second
defendant  because  in insolvency petition No. 87  of 1951
filed  by  some of the creditors the  first  defendant, was
readjudicated  an insolvent by the court on August 3,  1954.
The execution application was, as already stated, opposed by
the second defendant firstly on the ground that the composi-
tion  arrived at between him and his father on the one hand
and the creditors on the other was still in force, that the
arrangement  was  irrevocable  and operated  as a  complete
discharge  of the liability of the defendants for all  time.
The  second  ground was that the execution  application was
barred by time.
 249
The   precise  pleas  of  the  second  defendant   regarding
limitation were as follows :
     (a)   that  the adjudication of his father  as
     an  insolvent and the pendency  of  insolvency
     proceedings  against  him would not   affect
     limitation in so far as he was concerned;
     (b)   that  the receipt by the  appellant and
     other   creditors  of  certain amounts  as
     dividends in August, 1949 would not extend the
     period of    limitation    for   execution
     proceedings;
     (c)   that  the acknowledgment relied upon  is
     "'wholly wrong, misconceived and untenable."
According  to him there was no acknowledgement of  liability
of any kind in the notice referred to in the affidavit much
less the liability of the second defendant to discharge the
decree which had in fact become extinguished and effaced  by
reason of the composition arrived at on September 9, 1946.
In the course of the arguments before the executing court it
was urged on behalf of the appellants in those appeals that
the  four years within which the trustees were required  to
realise the Burma properties and pay off the debts  of the
creditors  must be regarded as a period  during  which the
execution of the decrees was stayed and that consequently on
the  principles underlying s. 15 of the  Indian  Limitation
Act, 1908, that period should be deducted from computing the
period of limitation for preferring execution  applications.
The  Subordinate judge, before whom the execution  applica-
tions  were filed, upheld this contention and held that the
execution applications were within time.  He also held that
the  execution applications arrived at between the  parties
operated as an adjustment
250
of  the decree on the date on which  that  composition was
effected  or  from the date on which  the  adjudication was
arrived at  and that though the composition  could  not  be
certified  to the executing court under 0. XXI, r. 2, C.  P.
C.  within the time permitted by law, it could be  certified
even now at the instance of the decree-holder because it was
open  to the decree holder to certify an adjustment  at any
time he liked. According to the learned Subordinate  judge,
the  adjustment precluded each of the appellants  from ex-
cuting his decree for a period of four years from April 14,
1947 and, therefore, the execution applications were  within
time. The  High  Court,  however,  disagreed  with the
Subordinate  judge on both the grounds and holding that the
execution petitions were barred by time allowed the appeals.
It may be mentioned that neither of the two courts below has
considered the contention of the appellants in these appeals
that  the  letter dated April 19, 1949 sent  by the  second
defendant   to two  of  the  trustees  operated   as  an
acknowledgment of their liability or that dividends paid  to
the  appellants by the trustees in August, 1949 operated  to
extend the time of limitation.
Mr.  Viswanatha Sastri, who appears for the  appellants  in
these  appeals, has raised only two contentions.  The  first
is that the principle underlying s. 15 (1) of the Limitation
Act  is applicable  to a  case  of  this  kind  and  that,
therefore, the execution applications are within time. The
second is that at any rate the letter dated April 19,  1949,
written by the second defendant to the trustees operates  as
an acknowledgment of liability under s. 19 of the Limitation
Act  and, therefore, saves the limitation in respect of all
the execution applications except the one out of which C. A.
No.  104  of  1961  arises.  According to  Mr. Sastri the
composition  of a  decretal  debt does not  amount  to  an
adjustment  or satisfaction  of a  decree  until  the acts
required to be
 251
done  thereunder have been performed.  Here the composition
scheme required payment of 40 per cent of the decretal debts
by  the trustees to the craditors.  According to him,  until
that  condition was fulfilled the original decree cannot  be
said  to  have been satisfied. Since the  decrees  herein
involved could not be regarded as having been satisfied they
are  still  alive.  Then, according to Mr. Sastri,  where  a
composition  scheme  prescribes the period  during  which  a
condition has to be performed, till the expiry of theperiod
or performance of the condition the operationof    the
decrees must be deemed to have been stayed. For,     during
this period it would be incompetent to the decree-holders to
execute their decrees.   Such period could  therefore  be
deducted by applying the principles underlying s. 15 (1)  of
the  Limitation Act from computing the period of  limitation
for filing a fresh execution application.  He concedes that
here the composition scheme not having been certified to the
execution court, the defendants would not have been able  to
resist an execution application if made within the period of
four  years specified in the deed of composition.   But the
composition being binding on the appellants, they would have
laid themselves open to suits for damages at the instance of
the  defendants if  they had  proceeded  to  execute  their
decrees  within  this period.  Section  15  (1)  of the
Limitation Act runs thus :
     "15  (1) : In computing the period  of  limi-
     tation prescribed for any suit or application
     for the execution of a decree, the institution
     or  execution  of which has  been  stayed  by
     injunction   or order, the  time   of the
     continuance  of the injunction or order, the
     day  on which it was issued or made,  and the
     day  on  which  it  was  withdrawn,  shall  be
     excluded."
It  is clear from its terms that it is restricted  in its
application to a case where the execution of a decree
252
has been stayed by an injunction or an order.  By no stretch
of  imagination can it be said that the acceptance  by the
insolvency  court of the composition operated as a  stay  of
execution  of  the  decrees for the  period  of four  years
referred  to in the deed or as an injunction.  Further, the
second defendant  was not  a party to  the  insolvency
proceedings and could, therefore, not have been entitled  to
the  benefit of the order of the court accepting the  scheme
of composition.
In support of his contention that the principles  underlying
s. 15 (1) are applicable to a case like the present one, Mr.
Sastri has  strongly relied on the decision  in  Govindnaik
Gurunathnaik v. Basauannawa Parutappa (1).  There,  Beaumont
C. J., has observed at P. 437 :
     "Section 15 of the Act recognizes the  princi-
     ple that in computing the period of limitation
     prescribed   for an  application   for the
     execution of a decree, any period during which
     the  execution of the decree has been  stayed
     must be excluded; and it would certainly seem
     right   to  apply a  similar   principle  to
     applications in a suit which has been  stayed;
     in  terms.,  however,  the  section  does not
     apply.   The only authority on the  point,  to
     which  we have been referred, and  which was
     referred to  in the lower  Courts,  is  Pulin
     Chandra Sen v. Amin Mia Muzffar Ahmad (2)."
Saying that this decision had stood for some years and had
not been dissented from the learned Chief justice observed
     "I would rather base the appellant'scase
     on the ground that the right to appear  for
     a final decree was suspended duringthe
     period in which the suit was stayed. Sucha
     principle was applied by the CalcuttaHigh
     Court
     (1) I.L.R, 1941 Bom. 435.
     (2) A.I.R. 1933 Cal. 508.
     253
     in  Lakhan Chunder Sen v. Manhusudan  Sen (1)
     affirmed by the Privy Council  in  Nrityamoni
     Dassi v. Lakhan Chandra Sen (2)."
It  would thus appear that the learned Chief  Justice  based
his decision really on s. 14 of the Limitation Act.  In both
the  cases  referred  to by the learned Chief Justice the
provisions of s. 14 of the Limitation Act were applied.
In  Pulin Chandra Sen's case(3), the facts were these: The
next  friend of it minor instituted a suit upon a  mortgage
but  died after the preliminary decree was passed.   No new
next friend was, however, appointed in his place.  The minor
made  an  application for passing a final  decree  within  3
years  after attaining majority, but three years  after the
period of grace fixed by the preliminary decree.  The High
Court, while holding that though the erstwhile minor was not
entitled to claim the benefit of s. 6 of the Limitation Act,
held  that  the execution application must  be regarded  as
within time since it had been made within three years from
the  date  when the right to apply accrued to him  on his
attaining  majority.   No  doubt, this is a  case  where  in
effect the court has applied the principles underlying s.  6
though it was clearly of opinion that s. 6 in terms did not
apply. There is no discussion of the point  at  all and,
therefore,  we do not think that this is a  decision  which
needs to be considered.
The  next  two decisions relied on are Badruddin  Khan  v.
Mahvar Khan (4) and Managing Committee Sundar Singh  Malha
Singh Rajput High School, Indora v. Sundar Singh Malha Singh
Sanatan Dharma Rajput High School Trust (5).  In both  these
cases  the  court  applied what according  to  it  were the
general principles underlying s. 15 of the Limitation Act,
though the facts of these cases do not strictly fail  within
the purview of that section.  The question
(1)(1907) 1 L.R. 35 Cal. 209.
(3)A.1 R. 1933 Cal, 508.
(2)  (1916) I.L R. 43 Cal. 660,
(4)  I.L.R. 1939 All 103
(5) I. L. R. 1943 Lah. 8.
254
is whether there is any well-recognized principle whereunder
the period of limitation can be regarded as being  suspended
because a  party is prevented under  certain  circumstances
from  taking  action  in  pursuance  of his  rights. The
Limitation  Act is  a consolidating  and  amending  statute
relating  to  the limitation of suits, appeals and  certain
types  of  applications to courts and  must,  therefore,  be
regarded as an exhaustive Code. It is a piece of  adjective
or  procedural law and not of substantive  law.   Rules  of
procedure,  whatever they may be, are to be applied only  to
matters  'to  which  they  are made  applicable   by the
legislature  expressly or by necessary implication. They
cannot be extended by analogy or reference to proceedings to
which they do riot expressly apply or could be said to apply
by  necessary  implication.   It would, therefore,  not  be
correct to apply any of the provisions of the Limitation Act
to matters which do not strictly fall within the purview  of
those provisions.  Thus, for instance, period of  limitation
for  various  kinds of suits, appeals and  applications are
prescribed  in the First Schedule.  A proceeding which does
not  fall under any of the articles in that  schedule  could
not be said to be barred by time on the analogy of a  matter
which  is  governed by a particular article,  For  the same
reasons the  provisions of ss. 3 to 28 of  Limitation Act
cannot be  applied to situations which fall  outside  their
purview.   These  provisions do not  adumbrate any  general
principles  of substantive  law  nor  do  they confer any
substantive rig, its on litigants and, therefore, cannot  be
permitted to have greater application than what is  explicit
or   implicit in  them.   Suspension of   limitation  in
circumstances  of  the kind obtaining in  these appeals  is
neither explicit nor implicit in s. 15 upon which  reliance
is  placed on behalf of the appellants. We are,  therefore,
unable to accept the first argument of Mr. Sastri.
Coming to  the second argument of Mr. Sastri  it  would  be
useful to reproduce the relevant portion
 255
of  the letter dated April 1.9, 1949, on which reliance  is
placed :
     "The properties of our client's family and his
     father,  Venkatachalam  Chettiar's  share  of
     properties have vested in you in the  capacity
     of  Trustees as per the composition scheme  of
     arrangement effected on September 9, 1946 and
     you are managing the same, and you have to pay
     Rs.  300 per  annum to our  client  from 1st
     Chitrai of Sarvajit year (April 14, 1947) for
     his family expenses as provided in the  scheme
     of  composition and you have paid Rs. 300 and
     for  the year Sarvajit and  have obtained  a
     receipt therefor from my client. You have not
     paid  the sum  of Rs. 300 due  for  the year
     Sarwadhari  to our client though he  demanded
     you   many  times.   As  it  is  learnt that
     individual No. 2 out of you, are raising non-
     maintainable objections and the sum of Rs. 300
     due for the year Virodhi, still remains to  be
     paid, I have been given instructions to demand
     the  total amount of Rs. 600 payable  for the
     aforesaid years. So you should pay the amount
     to  my client and obtain a  receipt  therefore
     within  one  week after the  receipt  of this
     notice. Further you have till now  collected
     Rs.  17,500 as per the scheme  of arrangement
     and  though you have received the amount long
     time  ago, you have not paid to the  creditors
     their  dividend amounts, you are bound by law
     and  equity to pay interest to  the  aforesaid
     amounts  You are hereby informed that  as you
     have  not paid to the creditors  the  dividend
     amounts  my client is put to a heavy loss and
     that you are
     bound  to bear  all the losses  that  may  be
     caused thereby and make good the losses ; you
     should  immediately pay off the creditors the
     dividends and in default my client will have
     to launch
     256
     proceedings  against  you and  seek   reliefs
     through Court."
This  letter  was  written  by the,  vakil  of the  second
defendant   to the  Trustees  demanding  payment   of the
maintenance  allowance due to the  second  defendant. The
second object of this letter was to require the trustees  to
pay  out  of the funds in their hands dividends due  to the
various creditors under the composition scheme. Mr.  Sastri
contends  that this letter contains a definite admission  of
the jural relationship between the defendant on the one hand
and  the creditors on the other i. e., the  relationship  of
creditor and debtor and, therefore, this is an admission  of
liability  under the decrees.  Relying upon the decision  of
this  Court in Khan Bahadur Shapoor Freedom Mazda  v.  Durga
Prosad Chamria (1), he says that the essential requirement
for  sustaining a plea of acknowledgment under s. 19 of the
Limitation  Act is that the statement on which it is  sought
to  be founded must  relate  to  a  subsisting  liability,
indicate  the  existence of jural relationship and  must  be
intended,  either expressly or implied, to admit that  jural
relationship. Where  such jural relationship is  admitted
expressly or impliedly, he contends, that the mere fact that
the  precise nature of the liability is not mentioned  would
not  prevent the acknowledgment from falling within  s. 19.
That  was a case in which the mortgagor had written  to his
creditor a letter to the following effect
     "My dear Durgaprosad.
     Chandni Bazar is again advertised for sale  on
     Friday the 11th inst.  I am afraid it will  go
     very  cheap.   I had a private  offer  of Rs.
     2,75,000 a few days ago but as soon  as they
     heard it was advertised by the Registrar they
     withdrew.  As you are interested why  do you
     not take up the whole.  There is only
     (1)   (1962] 1 S.C.R. 140.
      257
     about 70,000 due to the mortgagee-a payment of
     10,000 will stop the sale.
     Yours sincerely,
 Sd/- J. C. Galstaun."
The q qestion to be considered was whether this amounted  to
an acknowledgment of the mortgagee's right.  This Court held
that it did amount to an acknowledgment and observed thus :
     "It  is  thus  clear  that  acknowledgment  as
     prescribed  by  s. 19 merely renews  debt;  it
     does not create a new right of action.  It  is
     a mere  acknowledgment of  the  liability  in
     respect of the right in question ; it need not
     be  accompanied  by a promise  to pay  either
     expressly  or  even  by implication. The
     statement on which a plea of acknowledgment is
     based  must  relate to  a present  subsisting
     liability though the  exact  nature  or the
     specific character of the said liability may
     not be indicated in words.  Words used in the
     acknowledgment  must,  however,  indicate the
     existence of jural relationship between the
     parties  such as that of debtor and  creditor,
     and it must appear that the statement is made
     with   the  intention  to admit such   jural
     relationship.  Such intention can be  inferred
     by   implication from  the  nature   of the
     admission and need not be expressed in  words.
     If  the  statement is fairly  clear  then
     the intention to admit jural relationship may
     be implied from it.  The admission in question
     need  not be  express but  must be  made  in
     circumstances  and  in words  from  which the
     court  can  reasonably infer that the  person
     making  the admission intended to refer  to  a
     subsisting  liability  as at the date  of the
     statement.   In construing words used  in the
     statements made in
     258
     writing  on  which a  plea  of  acknowledgment
     rests   oral  evidence  has   been   expressly
     excluded but  surrounding  circumstances can
     always be considered.  Stated generally courts
     lean  in favour of a liberal  construction  of
     such  statements though it does not mean that
     where  no admission  is made  one  should  be
     inferred.,  or  where  a statement  was made
     clearly without intending  to admit the
     existence of jural relationship such intention
     could   be  fastened  on the  maker  of the
     statement  by  an  involved  or far-fetched
     process of' reasoning.  Broadly stated that is
     the   effect   of the   relevant  provisions
     contained in  s. 19, and there is  really  no
     substantial difference between the parties  as
     to the true legal position in this matter.'
In  our opinion,  this case is not  of assistance  co the
appellants.   In  the appeals before us though there  was  a
personal  liability  on the defendants under the  various
decrees,   their   liability  which  was  created   by the
composition  deed was only on properties in which they had,
consequent on the creation of a trust under the composition
deed, only a beneficial interest.  This new liability had to
be discharged by the trustees in whom the legal title to the
property  vested  Thus there were  two different  sets  of
persons who were liable, the defendants and the Trustees and
their  respective  liabilities were  distinct.  What the
defendant  No. 2  has referred to is the  libility  of the
Trustees arising under the terms of the deed of composition
and  could  be enforced only against them.  To refer  to  a
liability  resting  on someone else is not  to acknowledge
one's own liability within the meaning of the word in s. 19.
The defendant No. 2 has not even indirectly referred to the
decree much less to the liability arising under any of them.
In the circumstances we must hold that this letter does not
extend the period of limitation.  For these reasons
 259
we uphold the decision of the High Court and dismiss each of
these appeals with costs.  There will, however, be only one
hearing fee.
Appeals dismissed.
259




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