Malaysia legislation

Section 19

of LIMITATION ORDINANCE, 1958

Section 19

⎯(1)

If, before the expiration of the period prescribed for a suit in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by some person through whom he derives title or liability, a new period of limitation, according to the nature of the original liability, shall be computed from the time when the acknowledgment was so signed.

(2)

When the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed;

but oral evidence of its contents shall not be received.

Explanation 1.⎯For the purpose of this section, an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come, or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to a set-off, or is addressed to a person other than the person entitled to the property or right.

Explanation 2.⎯In this section “signed” means signed either personally or by an agent duly authorized in this behalf.

Effect of payment of interest as such. Effect of part payment of principal

Section 19 — LIMITATION ORDINANCE, 1958 | mylaw.my