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K.K.Ganguly (Advocate)     17 May 2011

What reason should be shown for dealy in filing Money Suit

Would the learned Experts kindly guide me.
Our Law firm was given the job of filing Money Suit in a District Court of West Bengal by a Bank. The accused had taken house building loan but stopped paying EMI. The last date of filing was 01.03.2011. The Advocate forgot the last date & now wants to prefer condonation plea for dealy. What reason should he show for the delay of around 3 monhs? He wants to forward application for condonation wth medical certificate showing he was suffering from Jaundice for 3 months. Will it be alright? Will it be accepted by the Court? What better reason can be shown?We do not want the Bank to know about the delay.
Kind suggesstions are requested.



Learning

 8 Replies

sachin katariya (advocate)     17 May 2011

Dear ADvocate

there no provision for condonation of delay for the filling suit..

as section 5 of limitation act is not applicable to suit....suit

 

it is applicable to application, appeal etc and not to the suit.

 

K.K.Ganguly (Advocate)     17 May 2011

Can you suggest a remedial action please? Surely there should be some way. Actually the accused/defaulter gave a letter stating that he will start paying from 01.03.2008 but did not pay any thing. Will the limitation period be over on 30.02.2011? Or it can be continued since the repayment was through a  running account & the property was mortgaged. Please suggest next step.

Thanks.

adv. rajeev ( rajoo ) (practicing advocate)     17 May 2011

No you cannot file a delay condonation application while filing the suit.  You can do one thing normally bank obtains the acknowledgement of debt from the borrower you can use that one to file a suit and Let me know when the notice was issued to the borrower and when it was received by him.  From the date of receipt of the notice you will get 3 years to file a suit.

BVVSN MURTHY PATNAIK (Sr.Executive)     26 May 2011

When the loan was secured by mortgage, why you are preferring money suit as the limitation available for mortgage suit is 12 years.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     26 May 2011

even if mortgage every emi has limitation. Advocates illness no excuse. more ever the opponent will be given opportunity to attack all your reasons.

BVVSN MURTHY PATNAIK (Sr.Executive)     26 May 2011

The limitaion period should be calculated from the date when the money becomes due as per the terms of agreement. In this regard the " default clause" in the agreement be properly scrutinised. Genrally, if the recall notice has been issued any time before the due date of repayment of last instalment of principal amount ,the limitation should be calculated from the date of recall notice unless there is some part payment or ack. in writing by the borrower.

jeetendra patel (lawyer)     18 June 2011

THERE IS STILL ONE WAY. JUST THINK OVER  IT SERIOUSLY.ALL THE BEST.. PL. REFER SEC 19&20 OF LIMITATION ACT.                                                                      J.P.PATEL ADVOCATE PUNE  (9921158871)

jeetendra patel (lawyer)     18 June 2011

THERE IS STILL ONE WAY. JUST THINK OVER  IT SERIOUSLY.ALL THE BEST.. PL. REFER SEC 19&20 OF LIMITATION ACT.   DELAY APPLICATION NOT MAINTAINABLE.                                                                   J.P.PATEL ADVOCATE PUNE  (9921158871)


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