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tv subramanyan (accountant)     12 September 2013

Limitation-how calculated?

a debt cum security bond was signed on 5.6.2009

a suit was filed on 5.6.2012.

what is the date for the purpose of limitation? 3 years end on 4.6.2012 or 5.6.2012?

can any one clarify please?



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 7 Replies

Suri.Sravan Kumar (senior)     12 September 2013

you have to calculate the period from 6.6.2009 to 5.6.2012. It is exactly 3 years.

1 Like

Neha Chowdhary (Law Officer )     12 September 2013

Exactly from next date of agreement i.e from 6.6.2009 to 6.6.2012

Advocate Bhartesh goyal (advocate)     12 September 2013

Limitation period would begin from date of  execution of security bond i.e 5.6 2009 and  three years period will expire on  4  6 2009.

1 Like

tv subramanyan (accountant)     12 September 2013

thank you very much

but another lading advocate in the next reply says that the limitation ends on 4.6.2012 can you please clasrify?

T. Kalaiselvan, Advocate (Advocate)     12 September 2013

It is valid if the suit was filed on 5.6.12

shanmugam lakshmanan (senior)     13 September 2013

Period of limitation to be calculated from the next day of transaction and date of expiry falls on any Holiday then next working date will be treated expiry day. Section 12 of the Indian Limitation Act excludes the day from which such period is reckoned.  Hence your suit is in time. Good luck.

tv subramanyan (accountant)     13 September 2013

please clrify on Mr shanmugam,s repply.


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