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Krishnaiah Krishnsiah   14 January 2022

Acknowledgement

Dear experts,
Can't we recover the amount on the basis of an acknowledgement of balance amount?
Citations requiring by the court?
Kindly advice on this?
Thanq experts in advance.


Learning

 7 Replies

Advocate Bhartesh goyal (advocate)     14 January 2022

Due amount can be recovered if opposite party confirm due balance in writing within limitation period.

1 Like

Dr J C Vashista (Advocate)     15 January 2022

It depends upon as to how it is be proved that the defendant / opposite party has admitted the dues within limitation.

Search citation(s) and enlighten others also.

G.L.N. Prasad (Retired employee.)     15 January 2022

Please provide more details with such dates.  

Was the acknowledgment simple:  I acknowledge the receipt of Rupees................without a promissory note.

or If there is a promissory note and acknowledgment is at a later date.

What is the exact wording and whether it states a receipt with such purpose ? 

Krishnaiah Krishnsiah   15 January 2022

Dear expert prasad garu 

The fact is that bore well balance for digging the bore well cost rs.50000 and paid rs.32000 and acknowledges rs.balance is rs.18,000 and the same is with in limitation and filed the case for recovery of the amount on the basis of acknowledgement of balance of rs.18,000/- for which court asking rulings.

Advice on this 

Thanq in advance. 

Archana Pandey   15 January 2022

 

Under The Limitation Act ,1963 says (2),Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received. Explanation.—For the purposes of this section,—

(a) an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set-off, or is addressed to a person other than a person entitled to the property or right;

P. Venu (Advocate)     15 January 2022

The facts posted are short of the dates that are critical.

G.L.N. Prasad (Retired employee.)     15 January 2022

Was the complaint in Consumer Forum as there are no costs, and there is a deficiency of service if the queriest is a consumer and used the service.  If the queriest is a contractor for digging the well, it is surprising that court is asking for citations when the amount is clearly specified.


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