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NPKailaasam (ADVOCATE & Management Consultant)     27 September 2017

Order 37 of cpc

Dear Expers,

     Kly suggest your opinion that in a business transaction, the cheque issued for part amount bounced and the limitation to file case under section 138 NI Act exceeds and now can we file civil case of Summary trial procedure under Order 37 of CPC.Kly provide the plaint format....

 



Learning

 2 Replies

Advocate Bhartesh goyal (advocate)     27 September 2017

Yes ,you can file summary suit within three years from date of issue of cheque.

Tushar Jha (Advisor)     30 September 2017

Refer to the judgement by Hon'ble Madras High Court related to law of limitation vis-a-vis N.I. Act in the case of A.Vinayagam & 3 Others Vs. Dr. Subash Chandran & Another {Citation:- 2000 CriLJ 1579, 2000 (1) CTC 225}

Link to Judgment: https://indiankanoon.org/doc/1508456/

Time-limit to file a case under Order 37 (Summary Suit) of the Code of Civil Procedure (CPC) is 3 years from date of 'cause of action'.

 


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