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K. Maheshwari   21 June 2019

Section 19 limitation act

Mr. X had agreed to repay a friendly loan advanced to him after 3 months. He failed to repay but agreed to continue to pay interest till repayment.

Does payment of interest on friendly loan extend period of limitation u/s 19 of Limitation Act?



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 4 Replies

Shashi Dhara   21 June 2019

He has given signed cheque or signed pronote.or not

K. Maheshwari   21 June 2019

He has continued to pay interest which is shown in TDS certificate of lender.

Shashi Dhara   21 June 2019

When he refuses to pay interest on that day onwards cause of action arises

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 June 2019

If the debtor makes a part payment before the expiry of the limitation period, either by himself or by his agent duly authorised on his behalf or in the handwriting of himself or such agent, fresh period of limitation starts from date of such part payment. : A credit entry by itself does not save limitation. Pay in slip signed by the borrower or his duly authorised agent amounts to part-payment. A pay in slip signed by an employee of a partnership firm or a company does not save limitation. : It needs to be noted that acknowledgement of debt and part payment should be obtained before the expiry of limitation period as they cannot revive the limitation if already expired. 
 


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