malicious prosecution

Querist : Anonymous (Querist) 13 June 2010 This query is : Resolved
Sir,
Can suit for malicious prosecution be filed after 4 yrs of pronouncement of judgment. Within a year we had served legal notice to the oppo. Party, he took/asked some time to negotiate. In the mean time my wife become seriously ill due to liver disease and for that we had to go outside for her treatment. Unfortunately she died. After that we lost control over us. I too is a retired doctor aged about 78 yrs suffered a lot due to illness. Due to these reason we failed to pursue it further. We have strong case.
Can we resend legal notice? What is the exact procedure, if my son will be acting on my behalf?
Thanks to all

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Adv Archana Deshmukh (Expert) 13 June 2010
You can file the case even now. You can satisfy the court that you were unable to file the complaint because of the ill-health and death of your wife.

Prakash Langalia (Expert) 13 June 2010
the time limit prescribed by law of limitation is over. so, your claim is time barred. according to me no civil court have jurisdiction to condone delay for filing of civil suit. refer section 3 of limitation act