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Mar 31, 2009

Limitation Act- Section 19, 20 Rajesh Kumari v. Prem Chand Jain,1998 AIR (Delhi) 80 On the language of Section 19 abovesaid, it is clear that the payment may be made either against the principal or on account of interest. In either case, the payment will be on account of the debt which is all that the provision requires. It is also settled that this provision is to be interpreted liberally so as to save the suits from being barred by limitation so long as its benefit can reasonaly be extended to assist a claim, otherwise legal and sustainable. A payment by cheque satisfies the requirement of Section 19 inasmuch as the acknowledgement of payment appears in the handwriting of or in a writing signed by the person making the payment in the form of a cheque. It is clear from the abovesaid observations that unconditional acceptance of cheque is payment; conditional acceptance of cheque is payment subject to realisation thereof. SC clearly recognises payment by cheque a valid mode of payment and lawful tender unless such mode is excluded by agreement of the parties. Thus, dishonouring of the cheque results in not extinguishing the liability of the debtor to the extent of the amount of the cheque; nevertheless the cheque remains an effective payment for the purpose of Section 19 of the Limitation Act, 1963.

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