Effect of acknowledgement in writing

Effect of acknowledgement in writing.--(1) Where before, the expiration of the period prescribed for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by some person through whom he derives title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.

1. (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 Evidence Act (XIII of 1977), oral evidence of its contents shall not be received. Explanation 1.-For the purposes of this section 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 a set-off, or is addressed to a person either than the person entitled to the property or right. Explanation II.-For the purposes of this section, "signed" means signed either personally or by an agent duly authorised in this behalf. Explanation III.-For the purposes of this section an application for the execution of a decree or order is an application in respect of a right.