1975 (9) TMI 190

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....1. This appeal by special leave challenges the Order passed in review by the learned single Judge, whereby he reviewed his earlier Order passed in revision and held that a personal decree should be passed, overruling the contention regarding limitation. 2. Shri Dikshit, appearing for the appellant, has strenuously pressed three points before us. He has contended that the whole decree was a null....

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....taken by the respondent in his plaint. We find no basis whatever for this submission. On the other hand, Counsel for the respondent, Shri Goyal has drawn our attention to the Judgment of the original Court wherein it is stated "It is not disputed that the decree out of which these proceedings have arisen had provided that if the sale proceeds of the mortgaged property were insufficient to satisfy ....

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....ered endorsement and, therefore, the plaintiff was entitled to a period of three years only, even if Section 19 may give an extension of limitation. We see no merit in this contention. The function of Section 19 is to provide a later date to count the period of limitation afresh, and that fresh period of limitation will be computed from the time when the acknowledgement is signed. Nothing turns on....