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dronavalli satishkumar   02 August 2017

Promissory note

what is the time of validity of promissory note.are there any special circumstances where the validity of a promissory note may be extended


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 16 Replies

Advocate Bhartesh goyal (advocate)     02 August 2017

A promissory note is valid upto three years from the date of its execution.

G.L.N. Prasad (Retired employee.)     02 August 2017

are there any special circumstances where the validity of a promissory note may be extended  ?

Limitation period  of the PN can be extended by taking acknowledgment of debt, during the limitation period of the promissory note.

EX:  DPN dt. 1-1-13 for Rs.5,000  , it  becomes  barred by limitation on 31-12-16. , If the borrower signs the letter acknowledging such debt through a stamped letter stating the outstanding as on that date, the limitation period gets extended.  That means if the borrower signs a letter on Rs.1/- revenue stamp acknowledging the amount as on that date Ex.51,500/- interest oon 10-11-16, it gets extended from 10-11-16 for a further period of three years.. Ex: 9-11-19

dronavalli satishkumar   02 August 2017

if there's a 85 year old person with a promissory note where he has overlooked the three years period because of general intellectual ability can we plead the court to admit the petition because of the circumstance sometimes it happens with old age people because of physical limitation they plead on phone because they can't move and ask.gor.the debtor can we plead with court

G.L.N. Prasad (Retired employee.)     02 August 2017

The act can not differentiate such disabilities.  Show the promissory note to Advocate with all correspondence, and they can detect some loophole if there is a correspondence or credit in writing to bring the PN into force.  With Court these pleadings seldom work.  Once you file a defective one with limitation period, you can not later make any amends.

It all depends on borrowers integrity.  If you can get a fresh promissory note admitting the old promissory note, then it becomes a valid one.

dronavalli satishkumar   02 August 2017

it was written on the back and from the back new date three years r over

dronavalli satishkumar   02 August 2017

and simple analogy any prospectus and document will have written terms and conditions and on this validity how will a general public know it's three year .where was the information provided in it under right of information. it has all condition like amount interest and all.why would a general public know the three year validity information in a routine basis

G.L.N. Prasad (Retired employee.)     02 August 2017

The simple thing in law:  "Ignorance is law is no excuse"  "Law can not support lazy and indolent"

Judges can only decide on the basis of laid down stipulations in Act.  When every act is having statutory powers, these arguments hold no water.

dronavalli satishkumar   02 August 2017

I think of the lawyer doesn't know the validity it's ignorance .if the general public spent know it's normal with due respect

GANDHI MOHAN BHARATI (Pensioner)     02 August 2017

I am sorry that though you have been advised properly, you are still insisting about old age. Unless the borrower is an honest person, nothing can be achieved.

Susen Nath   02 August 2017

It is not a place of argument. Pls listen the procedure together with law and order only. Ur guide is not competent. So go for expert person. Meanwhile ur requirement under vegue.

dronavalli satishkumar   02 August 2017

my argument is he has time period till three years the person generally says he will come come.till midnight of the last day and he is eligible for that three years period and next day it becomes invalid.and I cannot force him to validate until the last day of validity .so what r the rights for me until the midnight of last day .how can I force him to validate it till the last day as he will claim I am forcing him when he has right

Anil Upadhyay (Lawyer)     02 August 2017

Limitation Period for Promissory Note is 3 years

dronavalli satishkumar   02 August 2017

previously agreements r for three years only valid.but now it has been changed after so many years.unless time is specified it is valid for ever until one of them contests for not implementing the parameters contained in agreement so is the clause of three years" immortal" for promissory note can I contest on that limitation period validity

Preeti Pethe   04 August 2017

I think this might help ,

Section 5 in The Limitation Act, 1963

5 Extension of prescribed period in certain cases. —Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation.— The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.

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