Vol. 12 · pages 416–420

395THE LAW OF LIMITATION 10. Some points to be noted with regard to this question of disability. (i) The Section applies only to suits and to applications for the execution of a decree, but not to any other applications, nor to appeals. (ii) The Section applies only to a person who was already under a disability when the right to sue accrued. If the disability supervenes subsequently than the Section does not apply. (iii) The Section applies only where the Plaintiff or the person entitled to sue is under a disability. The disability of the Defendant— person liable to be sued—does not matter at all. Time will begin to run against the Plaintiff even if the Defendant is suffering from a disability. First Fundamental Rule is that limitation starts in the case of person who is not suffering from a disability, from the date of the occurrence of the event mentioned in Column 3 and if no event is mentioned in Column 3 then from the date when the cause of action is said to arise. Fundamental Rule II 1. When once time has begun to run, no subsequent disability or inability to sue stops it. 2. This means that Limitation, once it starts is never suspended. If a person becomes insane or dies after the right to sue has accrued,time will continue to run against them. II. IS THERE ONLY ONE STARTING-POINT OF LIMITATION ? OR CAN THERE BE A FRESH STARTING POINT OF LIMITATION. 1. Distinction must be made between the occurence of a fresh cause of action and the occurence of a fresh staring point if limitation in respect of the same cause of action. We are here considering cases where there occurs a fresh starting point of limitation in respect of the same cause of action. 2. The general rule of the Law of Limitation is that for a right to sue there is only one starting point of limitation and that starting point dates from the day when the right to sue accrues. 3. There are three cases where there is a fresh starting point of limitation in respect of the same cause of action : (i) Case where there is an acknowledgment. (ii) Cases where there is a pan payment.

396 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (iii) Cases where the cause of action arises out of a continuing breach of contract or out of a continuing Wrong independent of contract. Section 19—§ Acknowledgment I. GENERALLY 1. The acknowledgment must have been made before the period of limitation has actually run out. An acknowledgment made after the period has run out is of no avail and cannot be given a fresh starting point of limitation. 2. The acknowledgment must be in writing. 3. The acknowledgment must be signed by the party liable or by his agent duly authorized to sign an acknowledgement of liability. 4. The acknowledgement need not be to the creditor. 5. The acknowledgement must contain an admission of a subsisting liability. It need not contain a promise to pay. Indeed it may be coupled with a refusal to pay or with a claim to a set-off. II. SECTION 21 (2)—ACKNOWLEDGEMENT BY PERSONS JOINTLY LIABLE 1. When a property or a right is claimed against persons who are jointly liable such as joint-contractors, partners, executors, motgagees, etc., an acknowledgement signed by any one of them (or by the agent of any one) render the rest chargeable. III. SECTION 21 (3)—A CKNOWLEDGEMENT BY A HINDU WIDOW Acknowledgement by a Hindu widow or other limited owner shall be binding upon the reversioners. IV. SECTION 21 (3)—A CKNOWLEDGEMENT BY A HINDU MANAGER The acknowledgement signed by (or by the agent of) the Manager of a joint Hindu family shall be binding upon the whole family where the acknowledgement is in respect of a liability incurred by or on behalf of the whole family.

397THE LAW OF LIMITATION § Payment of interest on debt or on Legacy and Section 20—Part-payment of the Principal 1. The payment must be payment before time has run out. 2. The payment is made by the debtor or by his agent duly authorized to make such payment. 3. The payment must be voluntary. Section 23—§ Continuing breach of contract and continuing wrong independent of contract 1. In the case of a continuing breach of contract or a continuing wrong, a fresh period of limitation begins to run at every moment of the time during which the breach or the wrong continues. Q.—What is meant by a continuing breach and a continuing wrong-? Continuing breach of contract 1. Covenant to repair in a lease which is broken every day the premises are out of repair. 2. Use of premises contrary to the covenants in the lease. Continuing wrongs in respect of a tort 1. Infringement of a trade mark. 2. Refusal of a wife to return to her husband. In these cases the right to sue arises de die in diem (from day to day). 3. The distinction between a continuing and a noncontinuing wrong is very difficult to draw. A wrong continues either because the effect of a wrongful act once done continues or because the wrongful act is repeated. The case of a continuing wrong is the case where the wrongful act is repeated and not where the effect of a wrongful act continues. zz

6. THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA