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pankaj verma   28 October 2020

expired agreement

how can I file a suit with an agreement which expired on 2016 about loan of rs.100,000/- from me as friendly help for 5 years i.e from 2011 to 2016...

in. what way can a new cause of action arise in this matter.


Learning

 6 Replies

Suri.Sravan Kumar (senior)     28 October 2020

The cause of action is barred by limitation. When the cause of action is barred no fresh cause of action arises. you should have taken action in the year 2019 itself.

Advocate Bhartesh goyal (advocate)     28 October 2020

Once limitation starts running it can not be stopped.in your case limitation starts from 2016 and expired in 2019 now no fresh cause of action can be taken and you can not legally recover amount.

pankaj verma   28 October 2020

if the lonee deposited some amount I'm my bank account then cause of action can arise or not..

Sravan Kumar   28 October 2020

If any amount is deposited after the expiry of limitation period fresh cause of action will not arise

G.L.N. Prasad (Retired employee.)     29 October 2020

Contact a local advocate, as any receipt if signed by the borrower (such as Bank Challan) may extend such limitation period and it is also treated as Acknowledgment of debt.    Collect a certified copy of such challan that is signed by the borrower and meet local advocates who can study the agreement and other conditions also for giving a plan of action if there are chances.  If it is a business concern collect such financial statements that stated the debt and the lender's name.

P. Venu (Advocate)     29 October 2020

Why facts are posted piecemeal? Please post the complete facts.


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