Validity of time barred hand written statements relied in letter of acknowledgement.

TRIBHUVAN PUROHIT (Querist) 20 September 2011 This query is : Resolved
In Letter of Acknowledgment time barred hand written statements are relied and the said statements have totaling mistake,
can the said letter of acknowledgment be valid in courts in such a case?

Please reply.

TRIBHUVAN PUROHIT

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ajay sethi (Expert) 20 September 2011
merely because there is a totalling mistake does not mean that whole statement cannot be relied upon . it can be a genuine mistake and in suit filed it can be clarified that actual amount is x amount and not y as claimed

Raj Kumar Makkad (Expert) 20 September 2011
Time barred acknowledgment gives right to the plaintiff to sue such defendant and totaling is not a big issue.

M/s. Y-not legal services (Expert) 20 September 2011
Am also agree with expert's opinion. Its not a big issue.. Even its court's discretion that its can be admit or omit.. discretion that its can be admit or omit..

kuldeep kumar (Expert) 20 September 2011
logic of acknowledgemt itself lies in mistakes committed...better commit mistake cleverly

Advocate Bhartesh goyal (Expert) 21 September 2011
As per sec 18 0f Limitation Act acknowledgment must be in writing and within the period of limitation else it will be treated as time barred.in my opinion it's time barred and not valid in eye of law.

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