Acknowledgment - Validity of Partial or Conditional Acknowledgment
By
K. Chalapati Rao
The word "acknowledgment" simply means an admission of the truth of one's liability. It is a settled law that an acknowledgment under Sec. 18 of the Limitation Act, 1963 must be a conscious admission of the existing liability in respect of the property or right which is claimed in the suit and must show an existing jural relationship between the parties at the time when the admission was made. (Gayadin Singh v. Kalka Singh, (1929) 119 Ind Cas 565 (PC). The position is explained by the Supreme Court in Shapoor Fredoom Mazda v. Durga Prosad Chamaria, AIR 1961 SC 1236 as under:
"Words used in the acknowledgment must, indicate the existence of jural relationship between the parties such as that of debtor and creditor, and it must appear that the statement is made with the intention to admit such jural relationship. Such intention can be inferred by implication from the nature of the admission, and need not be expressed in words. If the statement is fairly cl ....