https://www.taxtmi.com/caselaws?id=293325 A suit on an instalment bond containing an exigibility clause falls under Article 75 of the Limitation Act, and once that clause operates the cause of action for the whole debt accrues unless its benefit is waived. Waiver is a mixed question of law and fact, so the creditor must plead and prove it; otherwise the suit cannot proceed on the original instalment terms. Mere forbearance to sue or receipt of an overdue payment does not by itself establish waiver, though acceptance of payment specifically appropriated to a defaulted instalment may do so if properly proved. The matter required evidence on waiver, limitation, and appropriation of payments. en-us Fri, 28 Mar 1947 00:00:00 +0530 Thu, 04 Feb 2021 18:01:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293325 A suit on an instalment bond containing an exigibility clause falls under Article 75 of the Limitation Act, and once that clause operates the cause of action for the whole debt accrues unless its benefit is waived. Waiver is a mixed question of law and fact, so the creditor must plead and prove it; otherwise the suit cannot proceed on the original instalment terms. Mere forbearance to sue or receipt of an overdue payment does not by itself establish waiver, though acceptance of payment specifically appropriated to a defaulted instalment may do so if properly proved. The matter required evidence on waiver, limitation, and appropriation of payments. Case-Laws Indian Laws Fri, 28 Mar 1947 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293325