Time barred n.i.act
kotaruraghu
(Querist) 17 November 2014
This query is : Resolved
basing on the recent supreme Court Judgement, the Hon'ble Court is reluctant to give number as the refiling of the complaint is delayed for 17 days and suggested to file a civil suit, what to do.?
Anirudh
(Expert) 17 November 2014
Yes. If you did not refile the complaint within 30 days from the date of return by the earlier court, then the same will not be allowed.
Now, you have no other option than to file a civil suit - in fact you can file a Summary suit under Order 37 CPC.
ajay sethi
(Expert) 18 November 2014
summary suit is better option . results are faster
T. Kalaiselvan, Advocate
(Expert) 19 November 2014
If the refiling is barred by limitation of 30 days time, you have no option than to file civil money recovery suit, however, move an application under the provisions of section 5 of limitation act giving detailed explanation of the reasons which were responsible for the delay in refiling. You have chances, if permitted by the court.
