Personal decree and limitation under the Limitation Act upheld where no abandonment was shown and signed acknowledgment revived time.

A plaint does not amount to waiver or abandonment of the right to a personal decree where the pleadings and original decree show that recovery from the judgment-debtors or their properties remained open, subject only to the U.P. Debt Redemption Act. The objection of abandonment was rejected and the right to a personal decree was upheld. On limitation, a signed acknowledgment under Section 19 of the Limitation Act gave a fresh starting point from the date of signature, and a registered mortgage deed containing a personal covenant attracted Article 116, making the claim within time. The plea of limitation was rejected and the personal decree was held to be within limitation.

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Issues: (i) Whether the right to obtain a personal decree had been abandoned in the plaint; (ii) whether the claim for a personal decree was barred by limitation.

Issue (i): Whether the right to obtain a personal decree had been abandoned in the plaint.

Analysis: The plaint did not show any waiver or abandonment of the right to a personal decree. The pleadings and the original decree indicated that recovery of the balance from the judgment-debtors or their properties remained open. The only qualification was that execution of the personal decree would be subject to the U.P. Debt Redemption Act.

Conclusion: The contention of abandonment was rejected, and the right to a personal decree was upheld.

Issue (ii): Whether the claim for a personal decree was barred by limitation.

Analysis: Section 19 of the Limitation Act postpones the starting point for a fresh period of limitation from the date of the signed acknowledgment. The acknowledgment did not have to be separately registered. Since the mortgage deed was registered and contained a personal covenant, Article 116 of the Limitation Act applied, giving six years from the date of acknowledgment. The claim was therefore within time.

Conclusion: The plea of limitation was rejected, and the personal decree was held to be within limitation.

Final Conclusion: The appeal failed, and the order granting a personal decree was sustained.

Ratio Decidendi: A signed acknowledgment under Section 19 of the Limitation Act gives rise to a fresh limitation period from the date of signature, and where the suit is founded on a registered mortgage deed containing a personal covenant, Article 116 of the Limitation Act governs the limitation period.

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