Section 20 elaborates on the impact of acknowledgment or payment made by someone other than the person against whom the right is claimed on the limitation period.
Key Points:
1. Acknowledgment by Agent or Legal Representative:
- An acknowledgment or part payment made by an agent duly authorized by the debtor or by a legal representative of the deceased debtor has the same effect as if made by the debtor themselves.
- This extends the limitation period similarly as if the acknowledgment or payment were made by the person liable.
2. Payment by Third Party:
- If a third party makes the payment on behalf of the debtor, it must be clear that the payment is intended to be towards the discharge of the debtor’s liability.
- The payment should be acknowledged as such to have an impact on the limitation period.
3. Joint Debtors:
- In the case of joint debtors, an acknowledgment or payment by one debtor does not necessarily affect the limitation period for the other debtor(s), unless there is a specific agreement or understanding to that effect.
4. Authorized Acknowledgment:
- The agent or representative making the acknowledgment must be duly authorized to do so.
- The acknowledgment should be in writing and signed by the authorized person.
5. Purpose:
- Section 20 ensures that payments or acknowledgments made by authorized agents or legal representatives are recognized for the purpose of extending the limitation period.
- It provides clarity and continuity in situations involving payments or acknowledgments by parties other than the principal debtor.
6. Illustration:
- If A, an agent of B, acknowledges a debt in writing on January 1, 2022, before the limitation period expires on January 1, 2023, the limitation period is reset from January 1, 2022.
By detailing these provisions, Sections 18 to 20 of the Limitation Act, 1963, provide clarity on how acknowledgmentsand payments affect the computation of the limitation period, ensuring fairness and flexibility in the enforcement of legal rights.
