Limitation act query
Rohan Pradhan
(Querist) 16 October 2012
This query is : Resolved
Can a time barred debt recovery suit becomes active if part payment is made after the expiry of period of limitation?
Does fresh period starts?
R.K Nanda
(Expert) 16 October 2012
is case already filed and pending?
Rohan Pradhan
(Querist) 16 October 2012
suit has not been filed yet
R.K Nanda
(Expert) 16 October 2012
if part payment is made then limitation is extended by 3 years for filing recovery suit,
.
Rohan Pradhan
(Querist) 16 October 2012
Sir in this case part payment is made after expiry of period of limitation.
R.K Nanda
(Expert) 16 October 2012
by part payment debtor has admitted his debt
even after expiry of limitation and thus limitation is extended by 3 years from date of that payment.
R.K Nanda
(Expert) 16 October 2012
u r welcome.
Kamal Gupta
(Expert) 16 October 2012
But, Sir, as per my knowledge, the part payment did not give a fresh cause of action. Because, once a payment is becomes due, the priod of limitation started and once it is statred it can't be stopped, untill and unless it expires. However, it can be extended, by virtue of acknowledgment of the debt in writing (part payment in prsent case), but that too must be within the priod of limaitaion. Once, the period of limitation is expired. The right of the plaintiff to recover the same through Court of law, extinguihes/expires, howevr, there debt survives. So, a gentleman, if made the part payment beyond limitation period, then it will not give a fresh cause of action, because the amount in dipute is the old one. Further, there is no articel and section in the limiatation law, which wil help the plaintiff in the prsent senario.
So, as per my knowledge, the Court of law will not help the plaintiff to get his amount recovered.
Rohan Pradhan
(Querist) 16 October 2012
The right to recover debt does not expire.
The limitation Act only prohibits the court to initiate proceedings.
Then in that case how can an individual exercise his right to recover ??
Kamal Gupta
(Expert) 16 October 2012
Daer Nanda Sir,
Please correct me, if am wrong. I will be very grateful, to get some knowledge from you. Thanx
Kamal Gupta
(Expert) 16 October 2012
But Mr. Rohan Sir, if the Court cannot initate the proceedings,then how can he take the help of the Courts.
However, you can take the chance, file the suit, if the court summoned thge defendant, then, there may be setllement, because, as per my experince, at the time of summoning, the Court doesnot see all these issues, and also, you can take the help of the argument of Nr. Nanda. But there is a chance of Court fee and lawyers fee. I have seen many cases barred by limitation law, and going on in the court, and settled.
Rohan Pradhan
(Querist) 16 October 2012
Mr. Kamal in that scenario we can give reference of that cases which are entertained beyond the period of limitation.as a defence to entertain the present suit by the court.
The point in issue is that the right to recover does not expire. If the acknowledge part payment is made after the expiry of period of limitation then it is clear that the opp party admits his claim
Devajyoti Barman
(Expert) 16 October 2012
Yes, it gives rise to fresh cause of action and limitation starts afresh from the date of part payment.
It is quite clear in the Limitation Act itself.
Rohan Pradhan
(Querist) 16 October 2012
Devajyoti Sir can u plz throw light on the relevant sections or case laws relating to that.
R.K Nanda
(Expert) 16 October 2012
read limitation act.
Rohan Pradhan
(Querist) 16 October 2012
I couldn't find any specific section stating the commencement of fresh period for time barred suit
R.K Nanda
(Expert) 16 October 2012
for long discussion go to forum.
