Time limit
Bhika Reghiwale
(Querist) 11 October 2015
This query is : Resolved
The
Experts
Is there any specific time limit for issuing the legal notice to defendant by plaintiff from the date of cause of action , before filing a civil suit ? If any rule please quote.
Thanks !
P. Venu
(Expert) 11 October 2015
There is no such time limit. However, the suit needs to be filed within the period of limitation; there is scope for condoning the delay.
Rajendra K Goyal
(Expert) 12 October 2015
Academic query. State facts if any problem.
Bhika Reghiwale
(Querist) 12 October 2015
The
Fact :-
I executed sale agreement of my field before 7 years and money accepted by cheque 3 lac out of 5 lac . In it time allowed up to 5 months for carrying sale deed.
He never came during this time After one months gap , He came and asked to give 2 months more time. I gave him in writing . His time demand required by him is averred & proved in agreement it self. After exhaust of this period again , He came after 4 month's gap of without agreement, for time extension for 5 months more . That also executed by us as per His will as above. This demand of excess time is taken by him for his reasons , unwilling ness & not readiness. It can be proved from the draft of agreements it self. At this time He did not want to execute the sale deed. From this date again
He purposely slept for gaining the exorbitant sum plus interest for 7 months more , without any agreement . later on after 27 months from the date of initial agreement He filed a CS by issuing notice. Actually it is the case of borrowing money from the well known Savkar to help my closed friend in good and helping faith. This sale agreement executed for security measure only. The rate of interest is 10 % per month
We have returned him all his amount with interest also . The main borrower is one of the witness in all above three agreements. These all 3 agreements are unregistered and possession is not given.
Please legally advice me to defend this case because in our area lawyers do not disclose the fact till the decree. A concrete pleading may be given to show my lawyer. We are having the solid proof that plaintiff entangled in the illegal business of money lending with the witness of the agreements in other case. He don't have a licence. It's a crime he committed . Thanks.
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