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kumar sachin (lawyer)     15 September 2012

Ruling required on limitation

supportive ruling required urgently for Mr. A

case is

A gave friendly loan to B through cheque in May and July 2000 as B needed money for treatment of his father

B assured orally to return the same after one year

after one year A started demanding but when B did not returned the amount legal notice served upon B in the second fortnight july 2001

subsequently money suit filed in the second fortnight of August 2004

now B is raising point of limitation 

As per B, the suit should have been filed within three years from the date of cheque

i am on behalf of A

my argument is that since B had assured to return the amount after one year and when he did not returned the same we served legal notice and thereafter filed the suit

as such the cause of action for the suit arose one year after the date of cheque and again when we served legal notice for payment and when the result thereof was in negative we filed the suit within the period of limitation.

court directed both of us to file ruling in support of our case





 4 Replies

A.SUMATHY 9380902017 (LAWYER)     16 September 2012

dont worry limitiation will start from the date of cheque

i.e. last accepting transaction between A and B.

judgement will follows within 2 or 3 days.

kumar sachin (lawyer)     16 September 2012

the ruling regarding - "cause of action is continuing from the date of cheque till the sending of legal notice " will help me a lot.

A.SUMATHY 9380902017 (LAWYER)     18 September 2012

citation regarding limitation - 1999 (3) ctc 404

Saurabh Pathak (Advocate)     25 September 2012

PFA Delhi HC ruling on Limitation as desired.It was held that limitation for filing a recovery suit will be counted from the date of notice served.

Attached File : 64761330 virender kumar jain vs. alumate india .pdf downloaded: 119 times

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