limitation for filing suit
vinod bansal
(Querist) 21 April 2009
This query is : Resolved
R/All
An old bus was sold by me someone as the bus was old & documents of bus i.e. Registration certificate were not available at that time so bus was sold by me without documents ,but now purchaser due to his malafide intention has served me a notive for giving him documents within three days ,bus was sold in 2001 i.e. eight year prior,no any latter or notice was send by him for documents, now all of a sudden he has required documents. I want to know what is time limit/limitation for filing civil suit of direction for giving documents to purchaser in this matter if any by purchaser against me.Thanks
PARVEEN DEEPAK ARYA
(Expert) 21 April 2009
The limitation for mandatory injunctions is 3 years from the date when cause of action accrues. In your the bus was sold in the year 2001 . So a civil suit for mandatory injunction to issue a command against you for supply of documents of the bus could had been filed up to the the lapse of 3 years . no direction can be obtained from the court oflaw after the lapse of 3 years.
Y V Vishweshwar Rao
(Expert) 21 April 2009
I agree with Mr Arya !
However it is not Sale of proerty .It is after sale of the proerty , the vendor obligation to comply the Vendor's duty . Though it is delayed it is obligation of the Vendor to give proper documents , if available
with regards !
PRAKASHCHANDRA MARU
(Expert) 22 April 2009
I AGREE WITH THE LEARNED ADVOCATES THE LIMITATION START FROM THE CAUSE OF ACTION ARISE OF ANY DISPUTE
sanjay singh thakur
(Expert) 23 April 2009
I agree with Mr. Arya. Moreover for filing consumer case limitation is of only two years and that also goes in your favour. Don't give reply to legal notice.
