What reason should be shown for condonation plea for dealy in filing Money suit?
K.K.Ganguly
(Querist) 17 May 2011
This query is : Resolved
Would the learned Experts kindly guide me.
Our Law firm was given the job of filing Money Suit in a District Court of West Bengal by a Bank. The accused had taken house building loan but stopped paying EMI. The last date of filing was 01.03.2011. The Advocate forgot the last date & now wants to prefer condonation plea for dealy. What reason should he show for the delay of around 3 monhs? He wants to forward application for condonation wth medical certificate showing he was suffering from Jaundice for 3 months. Will it be alright? Will it be accepted by the Court? What better reason can be shown?We do not want the Bank to know about the delay.
Kind suggesstions are requested.
Devajyoti Barman
(Expert) 17 May 2011
Dear Mr Ganguly , kindly refer that section 5 of Limitation Act applies only to application and to filing of suit.
So unless the defendant has created a fresh cause of action by acknowledging his debt in writing or otherwise, the suit which is hopelessly barred can not be filed.
Advocate Bhartesh goyal
(Expert) 17 May 2011
In your case,delay can not be condoned.Sec 5 of Limitation Act applies only to applications and filing of appeals.
ANIL AGARWAL
(Expert) 18 May 2011
Sory, there is no provision of condonation of delay in filing money suit. If you get a fresh cause of action, consider accordingly.
Guest
(Expert) 19 May 2011
Agree with Devajyoti.
Kirti Kar Tripathi
(Expert) 19 May 2011
There is no provision for condonation of delay in filing suit. Application for section 5 Limitation Act will not be maintainable.
RAJU O.F.,
(Expert) 22 May 2011
Delay will not be condoned while filing original money suit, after the limitation period. However, if three year period is not expired from the date of last part payment, or from the date of last acknowledgement of debt, then you can file fresh suit.
