Article 5 of limitation act
arpit mehta
(Querist) 31 January 2012
This query is : Resolved
i am having a partnership busniess with my frnd...but he was fraud so i gave him notice for dissolution of partnership..we had many communications between us but they were not regarding the dissolution of firm...now when i filed a suit it extended the period of 3 years according to article 5 of limitation act...now i have to prove that the last notice which i sent him will be considered as firm dissolution notice as from that day i m within the limitation time..is it possible...and any judgement in which it is specific that the limitation period starts from the last notice served by me....thnx for ur reply in advance...
Devajyoti Barman
(Expert) 31 January 2012
What have you mentioned in the suit for cause of action?
From that date only the law of limitation would start.
Unless the subsequent date is mentioned in the plaint you can not take advantage of the same unless the plaint is amended to that effect.
Sankaranarayanan
(Expert) 31 January 2012
Yes mr barman is correct it depends upon the period or date which it mentioned
