High CourtsFull Bench(1940) 05 AHC CK 0007

Krishna Kumar and Others vs Rishi Kishen and Another

Allahabad High Court · Decided on 3 May 1940

HON’BLE JUDGES
Zia-ul-Hasan, J · Yorke, J · Radha Krishna, J · Hamilton, J
CASE NUMBER
Application No. 144 of 1937

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Judgment

1 paragraphs · 104 words
1.

When the debtor makes a payment to his creditor on a bond or promissory note without specifying whether he makes it about principal or on account of interest and when the creditor also makes no appropriation at the time of the payment, the payment in order to be available u/s 20 of the Indian Limitation Act to the creditor as payment on account of principal must be made within the time for filing a suit and further the creditor must be proved to have, in the exercise of his right of appropriation, done something-which treats the payment as made on account of principal.