limitation and cause of action in money suit

Querist : Anonymous (Querist) 08 August 2010 This query is : Resolved
I supplied materials to a pvt firm on jan 2007 and on march 2007 i submitted the bills which were accepted by the latter. In sept.2009 I sent a pleader notice to the firm for payment of the aforesaid bill amount. Now more than 3(three) years has elapsed from the date of receipt of the bills. The Firm did not reply to my legal notice.
Now, can I file a money suit against the firm on the basis of an oral conversation between me and the representative of the firm in presence of other witnesses which took place in the month of feb 2010.
If not what is the remedy left for me?

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s.subramanian (Expert) 08 August 2010
it can be merely a try. your legal notice will work against you. because aftr issuing a legal notice no one will wait for the debtor to come and pay the dues. you must have filed the suit in time. subsequent oral conversation,even if proved by you, will notextend the period of limitation. approach the debtor with some mediators and settle the issue with whatever he is ready to give. if you come to court you will gain nothing.

Devajyoti Barman (Expert) 08 August 2010
Yes verbal acknowledgment is legally gives new lease of life to the arrears of money and on that basis you could indeed file suit for recovery of money stating the last cause of action arising on feb 2010.

S. Bharath (Expert) 08 August 2010
Follow Mr. Subramanian.

R.Ranganathan (Expert) 08 August 2010
I disagree with Mr. Barman. CPC nowhere says oral/verbal acknowledgement is valid. There should be some payment within 3 years from the date of loan/agreement or some written acknowledgement to pay the amount, otherwise no case can be filed. It will be barred by limitation.

niranjan (Expert) 08 August 2010
If you are a firm and maintaining books of accounts of your business and if you have shown dues in account,you can sue him on the basis of your books of acount.

G. ARAVINTHAN (Expert) 09 August 2010
time barred.

G. ARAVINTHAN (Expert) 09 August 2010
Documentary evidence is the thing court can think fit unless or otherwise there must be some admission on the otherside to acknowledge the oral agreement

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