recovery suit

Querist : Anonymous (Querist) 05 December 2009 This query is : Resolved
Does a cash recovery suit have to be filed within 3 years after an unregistered Agreement to sale has been signed or it can be filed even after 3- years.

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Raj Kumar Makkad (Expert) 05 December 2009
It can be filed within 3 years of the acknowledge of payment.

niranjan (Expert) 05 December 2009
I think you are asking to get earnest money paid at the time of saleagreement.even if it is so it is tobe filed within three years.

Sachin Bhatia (Expert) 05 December 2009
It can be filed within 3 years

Querist : Anonymous (Querist) 06 December 2009
My query now is can a cash recovery suit relating to a property under dispute be filed after a period of 3 years from the date of an unregistered Agreement to Sell?
In that case is the recovery suit valid in court ? How to be sure ,The seal of court shows one month over the 3- year period.

prakash vathore (Expert) 07 December 2009
there is a bar of limitation, u cant file a suit after 3 years for recovery of money.

Querist : Anonymous (Querist) 07 December 2009
What if a suit has been filed 1 month after the 3 - year period and the hearing date has been given by court. What does that mean ? Can an appeal be made to dismiss the recovery suit ?

niranjan (Expert) 07 December 2009
If it is appare from the plaint that it is beyond limitation of three years,pl.file an appl.under7 rule ll.

Querist : Anonymous (Querist) 07 December 2009
Thanks Niranjan,

Please can you elaborate what is "appl.under 7 rule II ?

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