https://www.taxtmi.com/caselaws?id=293326 Article 75 of the Limitation Act applies to instalment bonds with a default clause, so limitation ordinarily runs from the first default when the whole debt becomes due. Mere inaction by the creditor does not amount to waiver; waiver requires an overt act inconsistent with the continuance of the right. Acceptance of a part payment of an overdue instalment, by itself, does not waive the default or shift the starting point of limitation. On the stated facts, the earlier default was not waived and the suit was barred by limitation. en-us Tue, 21 Mar 1939 00:00:00 +0530 Thu, 04 Feb 2021 18:05:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293326 Article 75 of the Limitation Act applies to instalment bonds with a default clause, so limitation ordinarily runs from the first default when the whole debt becomes due. Mere inaction by the creditor does not amount to waiver; waiver requires an overt act inconsistent with the continuance of the right. Acceptance of a part payment of an overdue instalment, by itself, does not waive the default or shift the starting point of limitation. On the stated facts, the earlier default was not waived and the suit was barred by limitation. Case-Laws Indian Laws Tue, 21 Mar 1939 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293326