For recovery suit
Dinkar Vidyarthi
(Querist) 03 September 2010
This query is : Resolved
Sir,
I want to file a recovery suit for Rs. 68,000/-. but the problem is that after perusal of file, I find out that as per the agreement between the parties duly signed by the parties in the month of August 2007, it is now time barred after time elapsed of three years. not even that a notice for recovery of amount has also been sent by the Ist party for recovery through counsel on 21.05.2009 which was in reply of notice 17.12.2008 by other party.
my query is related to computation of time limit as per the limitation Act. whether I can be in position to file the suit? if Yes from which date I have calculate the time for the purpose of cause of action and limitation law.
thanks
Dinkar Vidyarthi
adv. rajeev ( rajoo )
(Expert) 03 September 2010
when there is reply notice by other party on 17/12/2008 in respect of the same amount, then cause of action to file the suit aroses from 17/12/2008. Still you have time.
s.subramanian
(Expert) 03 September 2010
I beg to disagree. The notice or reply notice cannot extend limitation period.The matter is time barred.
Rajeev kulshreshtha
(Expert) 03 September 2010
The notice cannot extend the limitation period. In the recovery matter the limitation period shall commence either from the date of loan or from fixed date for payment or from acknowledgment of loan but such acknowledgment must be in limitation period.The limitation is three year.
Devajyoti Barman
(Expert) 03 September 2010
Definitely the notice can not extend the time for limitation. But if the debtor in reply has acknowledged such debt then fresh time will be computed from that date.
Chanchal Nag Chowdhury
(Expert) 04 September 2010
I fully agree with Mr. Barman. Even if a part of the claim has been acknowledged, time will start afreash. It all depends on what they have stated in their reply.
