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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation

A debtor makes a part payment of interest on a debt before the limitation period expires. For this payment to give a fresh period under Section 19, which condition applies, save for the pre-1928 interest exception?

The payment must be acknowledged in the payer's own handwriting or in a writing signed by the payer. This is the proviso to Section 19, and without it a part payment does not give a fresh period of limitation, apart from the pre-1928 interest exception.

  1. AAn acknowledgment of the payment must appear in the handwriting of, or a writing signed by, the person making the paymentCorrect
  2. BThe payment must be made in the presence of a court officer
  3. CThe creditor must send a written notice demanding payment
  4. DThe payment must be made in cash only

Explanation

The proviso to Section 19 requires that an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making it. Notice or cash is not a requirement.

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