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. G ENERALLY
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.
The acknowledgment must be in writing.
The acknowledgment must be signed by the party liable or by his agent duly authorized to sign an acknowledgement of liability.
The acknowledgement need not be to the creditor.
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. S ECTION 21 (2)— A CKNOWLEDGEMENT BY PERSONS JOINTLY LIABLE
- 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. S ECTION 21 (3)— A CKNOWLEDGEMENT BY A H INDU WIDOW
Acknowledgement by a Hindu widow or other limited owner shall be binding upon the reversioners.
IV. S ECTION 21 (3)— A CKNOWLEDGEMENT BY A H INDU M ANAGER
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.