Entertainment of suit by a court.

mahesh (Querist) 30 July 2009 This query is : Resolved
This is with regard to AP Chit funds Act.i wish to know whether a court can entertain a suit for the recovery of a debt which is primafacie time barred, and issue summons to the parties connected. In such situation what is the course of action available to the effected parties

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Y V Vishweshwar Rao (Expert) 30 July 2009
Immidietly on appearence of the Defendnat in response to the Court Summons , to file a petition to dismiss the suit on the Preliminary issue of Limitation - as Time barred suit .

SHYAMSUNDAR (Expert) 30 July 2009
Yes the suit is liable to be dismissed on ground of Limitaion.

mahendra rai jain (Expert) 30 July 2009
If court do not dismissed the suit initially, that you should pray to the court for making priliminary issue regarding limitation and decide it firstly.

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