Limitation act sec 11

Guest (Querist) 17 March 2012 This query is : Resolved
i want to share why would party file a suit in india if contract entered into by them is a place outside india.when such anomaly may occur that contract is made outside india and it is being enforced in india with india law of limitaion.

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Shonee Kapoor (Expert) 17 March 2012
If the agreement was made between Indians for the conditions to be performed in India and they agreed for the jurisdiction of Indian courts, said contract is enforeable in India.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Guest (Querist) 17 March 2012
can u answer one more qquestion relating to limitation,what is letters of credit in the hands of credit means.what does it means legaly.i m satisfied by ur previous answer.

Guest (Querist) 17 March 2012
sorry letter of credit in the hands of debtor.sec 9 limitation act

Adv.R.P.Chugh (Expert) 17 March 2012
It is not only the place of contract that has the jurisdiction - the place of performance is also a place where part of Cause of Action arises, hence also has jurisdiction. If such contract is sought to be enforced in India - Indian Limitation Act applies - (remember limitation acts are always lex fori - i.e of place where contract sought to be enforced)

As regards S.9 query - it does not talk about letter of credit - it talks about letter of administration in the hands of a debtor - in such a situation - since there is inherent conflict of interest - Limitation period remains suspended (exception to general principle that limitation once begins to run is not stopped by subsequent evetns)

Raj Kumar Makkad (Expert) 18 March 2012
I completely endorse the views of Bharat on the subject.

Nadeem Qureshi (Expert) 18 March 2012
I agree with experts

Guest (Expert) 18 March 2012
Dear Singh, your query is of the academic nature and that too with partial information, i.e., you have not mentioned the place of parties to which they belong and the venue of job or service involved and the main conditions of the contract agreement.

If you are a law student, your queries should not be without applying your own mind and going deep through the facts of the case. You should have brought forward only the resultant doubt of your mind after arriving at your own opinion and supporting reasons for academic and scholarly discussions, if you want to really learn something properly.

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