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NAYANMONI KALITA   04 April 2023

Time barred suit

Dear Sir/Madam, What is a time barred suit? recently SBI has filed a suit against one of my friend who took an unsecured  loan way back in June,  2018. the demand promisorry note has already been expired as well as the agreement. it has been defaulted since June, 2019 due to unavoidable circumstances my friend had faced that time. SBI filed a suit on 8 september 2022 and i think it's a time barred case under the limitation act 1963. i would be grateful if you please kindly get rid of my doubt.



Learning

 9 Replies

Shashi Dhara   05 April 2023

Three years from the date of first  instalment starts,each instalment has separate limitation.

1 Like

T. Kalaiselvan, Advocate (Advocate)     05 April 2023

The plaint averments have to be perused to render proper opinion.

If the suit was barred by limitation, the court would not have taken the case on its files.

 

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     06 April 2023

Without seeing documents i cant give my opinion on time barred.

but on the other hand your friend need to defend himself in the case... and specially at the time of cross examination....

Dr J C Vashista (Advocate)     06 April 2023

3 years time period for calculating limitation starts from the date of admission of outstanding amount and/ or last transaction in the loan account

It is better that the defendant / your borrower friend should contact and consult a local prudent lawyer with relevant records for proper appreciation of facts / documents, professional advise and necessary proceeding.

1 Like

Shashi Dhara   06 April 2023

As it is money suit three years is limitation period  , each instalment has separate limitation ,if  he has signed revival letter and confirmation of balance  limitation extends for another three years ,if he acknowledges or pays some  money or write letters  to give some time to repay loan all counts for limitation.

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 April 2023

An unsecured loan provides no security to the lender and is solely based on the borrower's credit rating, so there is no imminent risk to the borrower about lenders having a claim on their assets. 

As a result, no assets can be taken. In the case of a dispute, recovery is determined by the contract term and the legal process. However, the borrower’s credit score will be severely affected.

1 Like

NAYANMONI KALITA   07 April 2023

The last transaction made in July 2019 and the suit filed in September 2022.

J K Agrawal (Advocates)     09 April 2023

If the loan is payable in instalment, each instalment gives a new period of limitation. You are to pay last 3 years instalments and future instalments. If no future payment date is fixed the loam may be time barred.

Shashi Dhara   09 April 2023

Due to corona he may have signed to moratorium, during period of corona limitation period was also extended confirm it with advocate.


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