cpc

Civil suit

This query is : Resolved 
 


Querist : Anonymous (Querist)
20 September 2020

Promissory note was written by y.chowdary in the name of narayan for 2,00,000 in 2015.in october 2017 interest for amount 2lakhs is paid by brother in law (sarathi) of y.vhowdary.
On back of promissory note sarathi clearly wrote that interest is paid & sarathi signed .after two months of this interest payment y.chowdary expired.....
Now my doubt is ......is promissory note is valid from October 2017 as interest is paid & signed by sarathi,brother in law of y.chowdary.....where sarathi signature is present but not y.chowdary signature.....


Dr J C VashistaOnline (Expert)
21 September 2020

Validity of the promissory note is 3 years from 2015 if not specified.

Dr J C VashistaOnline (Expert)
21 September 2020

Interest may be paid by anyone do not change character of the instrument. Despite the fact Sarathi has signed on the back of the note, he is not liable.


Querist : Anonymous (Querist)
21 September 2020

Yes sir......I accept that sarathi is not liable........but y.chowdary has not signed on back of promissory note on Oct 2017 when interest paid b/c interest amount was sent through sarathi by y.chowdary.has y.chowdary signature was not present on Oct 2017 ,is that note is valid from Oct 2017 .....

Advocate Bhartesh goyalOnline (Expert)
21 September 2020

I completely agree with Dr J.C.Vashista.An endorsement in the hand writing and signature other than the debtor on the back of promissory note in regards to payment of interest does not extend limitation

Advocate Bhartesh goyalOnline (Expert)
21 September 2020

I completely agree with Dr J.C.Vashista.An endorsement in the hand writing and signature other than the debtor on the back of promissory note in regards to payment of interest does not extend limitation

Advocate Bhartesh goyalOnline (Expert)
21 September 2020

I completely agree with Dr J.C.Vashista.An endorsement in the hand writing and signature other than the debtor on the back of promissory note in regards to payment of interest does not extend limitation


Querist : Anonymous (Querist)
21 September 2020

But debator brother in law paid interest b/c debator was unable to come & pay.......with in a span of 3-4 months debator died .....

Hemant AgarwalOnline (Expert)
21 September 2020

1. On Death of original Signatory of Promissory Note signed in 2015, the Promissory Note becomes infructuous and no Civil Claims can be raised against ANY legal heirs of original Signatory. The Promissory Note is as good as Toilet Paper, for all futuristic legal disputes.

2. LASTLY, aapka naam-karan nahi hua hai kya abhi tak .... jo aap "anonymous" query puch rahe ho ????

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Rajendra K Goyal Online (Expert)
21 September 2020

Promissory not is valid for three years if not renewed by the executer of the note. Only executer can renew it and not other party.

P. Venu Online (Expert)
27 September 2020

The posting suggests deeper issues. Please post complete facts.


Querist : Anonymous (Querist)
28 September 2020

Sir Promissory note of 2015 is renewed by paying interest by brother in law of debator in 2017,....... brother in law signed but not debator.....debator died with in two months of paying interest in 2017......now the limitation extends or not to file civil suit

Rajendra K Goyal Online (Expert)
29 September 2020

As clarified already, from the given facts the limit is not extended.



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