Written acknowledgment and co-extensive guarantor liability kept insolvency action within limitation despite "without prejudice" wording.

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Full Text of the Document

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....Written acknowledgment of a subsisting debt before expiry of limitation can extend time under Section 18 of the Limitation Act, and such acknowledgment by the principal borrower may bind a personal guarantor because of co-extensive liability. A communication marked "without prejudice" does not lose evidentiary value if, read as a whole, it clearly records repayment, restructuring, or continuation of settlement discussions and amounts to an unequivocal admission of liability. An irrevocable and unconditional personal guarantee cannot be unilaterally revoked by later notice, and a release plea fails where the alleged release document is not properly brought on record.....