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raman (private)     26 September 2012

Condonation in recovery suit

I had given 5 lac to a relative to buy some property 6 years ago. Somehow he could get the property only in 2011 and he had no source to return the money. I was promised once he gets the property, he would be able to return the money.

1. Can i ask for condonation on this ground as till 2011, things were not in his control to return the money.

This money went directly from his account for the purchase of property.

2. Since i am in UP and property is in UP but he is in Delhi, where should i file for recovery esp. the chances of getting the condonation from the court?





 3 Replies

Anirban Gope (Advocate)     26 September 2012

You may file a suit for recovery in Delhi where the person reside. Before that If the person given you assurance by written that he will the money in that event you can save your delay.


raman (private)     26 September 2012

Right now he is in no mood to return the money. That is why we need to file the case. But it is time barred.

Is there a possibility of condonation of time delay in filing the case?

Advocate Bhartesh goyal (advocate)     26 September 2012

No,your case is absolutely time barred and in suits  sec 5 of limitation act does not apply .

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