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accrual of cause of action in money suit

Querist : Anonymous (Querist) 07 August 2010 This query is : Resolved 
a person supplies materials for construction under the strength of a work order ossued to him by a pvt. org/Trust and later submits his bills which were accepted on the date of submissions itself.
Now more than three years have elapsed rendering the filing of money suit for non payments of bills barred by limitation from the date of cause of action.
Question is whether the date of sending legal notice after two years from submission of bills gives rise to a fresh cause of action to bring the filing of suit within limitation period?
barun deka (Expert) 07 August 2010
if you have any acknowledgment from their side admitting their liability, then the time period of three years will run from the date of such acknowledgment provided ofcourse that the acknowledgment at least was made within three years from the date when the bills were raised.

refer to S.18 of the Limitation Act
Devajyoti Barman (Expert) 07 August 2010
Yes mere sending the notice does not create fresh cause of action unless there is another acknowledgment of debt.
s.subramanian (Expert) 07 August 2010
yes. i agree with barman.


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