Limitation for filing civil suit
Ajay Pal Singh
(Querist) 18 June 2012
This query is : Resolved
I have issued a notice within the limitation period of three years, can I sue the defaulter now after lapes of three years from the date of last transaction with him?
Sankaranarayanan
(Expert) 18 June 2012
when u file the suit from that day it is accourding to the limitation act
Adv Archana Deshmukh
(Expert) 18 June 2012
The suit has to be filed within 3 years from the date of cause of action.
AKILA SAINATHAN
(Expert) 18 June 2012
limitation period of the case is depends upon the subject matter of the property. you have not mentioned about the subject matter of the issue. For example if suit is to recover money then the limitation is only 3 years if suit is regarding with immovable property like suit for partition, dispute of title it take 12 years. so kindly disclose the details very clear to give advice properly.
Ajay Pal Singh
(Querist) 18 June 2012
Archana ma'm, kindly clarify the date of cause of action. It shall counted from the date of notice or date of last transaction, since my query is related to money recovery suit. Kindly note that last transation was done on 29.05.09 and I have issued the notice on 02.02.12 but the defaulter had acknowledged his due on 25.01.2011. Kindly guide.
Adv Archana Deshmukh
(Expert) 18 June 2012
If the defaulter had acknowledged his due on 25.01.2011 and has promised to repay, then your suit is still within limitation. The limitation shall run from 25.01.2011.
N.K.Assumi
(Expert) 18 June 2012
Yes, fresh period of limitation will start running from the date of acknowledgement that is 25-0-2011, as rightly pointed out by adv.archana.
Ajay Pal Singh
(Querist) 19 June 2012
Thanks dear friends for your valuable comments and advise, especially to Archana ma'm.Trust the same same response in future.
