Section 20: Effect of acknowledgment or payment by another person

Limitation Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963

Legal Commentary & Landmark Judgments: Section 20

Section 20 of the Limitation Act, 1963 defines the scope of 'agent duly authorized' for the purposes of Sections 18 (acknowledgment of debt) and 19 (part payment), clarifying the authority of guardians, committee members, managers of HUFs, and joint contractors.

  • Authorized Agent Scope: Includes any lawful guardian, committee, manager, or an agent duly authorized by such guardian, committee, or manager.
  • Joint Contractors Rule: Section 20(2): Nothing in Sections 18 and 19 renders one of several joint contractors, partners, executors, or mortgagees chargeable solely by reason of a written acknowledgment or payment made by another.
  • HUF Manager Authority: Section 20(3): Acknowledgment or payment made by the Karta or manager of a Hindu Undivided Family binds the joint family.
  • Strict Proof of Agency: Authority of an agent to acknowledge a time-barred debt cannot be presumed; it must be proved by express or implied authorization.
Key Landmark Precedents:
  • J.C. Budhraja v. Chairman, Orissa Mining Corpn. Ltd., (2008) 2 SCC 444: The Supreme Court authoritatively held that an acknowledgment under Section 18 read with Section 20 must be in writing and signed by the party or their authorized agent before the expiration of the prescription period.
  • Food Corporation of India v. Assam State Cooperative Marketing Federation Ltd., (2004) 12 SCC 360: Held that an acknowledgment of liability by a subordinate employee not authorized to enter into contracts does not bind the corporate employer under Section 20.
Courtroom Practice & Strategic Litigation Guidance:

When relying on an acknowledgment of debt in commercial balance sheets or letters, establish that the signatory was a director or authorized officer vested with power to acknowledge debts under the company's Articles or Board resolutions.