Recovery suit

Randeep Bhagat (Querist) 22 September 2026 This query is : Resolved
Sir, a recovery suit was filed against on the basis of transaction dated 18/7/2018 and suit was filed on 19/5/2022 taking advantage of limitation of Covid 19.
Can I survive.

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Quick Summary

A recovery suit was filed based on a 2018 transaction, with the plaintiff using the COVID-19 period extension to file in 2022. The Supreme Court of India excluded the period from March 15, 2020, to February 28, 2022, from limitation calculations, meaning the suit was likely filed within the extended timeframe. While challenging the limitation period directly might be difficult, other legal defences may still be available.

kavksatyanarayana (Expert) 30 September 2026
The Supreme Court of India has granted to cut the period from 15-03-2020 to 28-02-2022 from the limitation period. So the recovery suit is filed in time.

T. Kalaiselvan, Advocate (Expert) 03 October 2026
Under the Indian Limitation Act, 1963, a suit for the recovery of money must generally be filed within 3 years from the date when the cause of action/debt arose (Article 19/55). For a transaction on 18/07/2018, the standard 3-year deadline would normally have expired on 18/07/2021. Supreme Court ruled that the period from March 15, 2020 to February 28, 2022 must be completely excluded when calculating limitation periods:
While arguing that the suit is barred strictly by the 3-year clock will likely fail due to the Supreme Court's binding directions, you can still defend the suit on several other legal grounds. Review the exact cause of action clause in the suit to see if they relied on any post-2018 acknowledgments of debt (under Section 18 of the Limitation Act).

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