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Section 19 of the Limitation Act, 1963 provides that part-payment of a debt or of interest on a legacy gives a fresh period of limitation. Which condition must be satisfied for Section 19 to apply?
Answer & Solution
Correct answer: C.
1. Section 19 provides that where payment on account of a debt or of interest on a legacy is made **before the expiration of the prescribed period** by the person liable to pay (or his agent duly authorised), **a fresh period of limitation shall be computed from the time when the payment was made**.
2. The proviso requires that, save in the case of payment of interest made before 1 January 1928, **an acknowledgement of the payment must appear in the handwriting of, or in a writing signed by, the person making the payment**.
3. Section 19 mortgaged-land rule: receipt of rent or produce of mortgaged land by the mortgagee shall be deemed to be a payment.
4. 'Debt' does NOT include money payable under a decree or order of a court for the purpose of this Section.
_Source: ICSI CS Executive — Lesson 7, 'Effect of Payment on account of debt or of interest on legacy (Section 19)', p. 159._
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