LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Lakshman   05 October 2017

Consideration for delayed filing

I made a transaction in 2008. I realized fraud in the transaction . I was outside the country between 2009 to 2015. I filed a suit in 2015 for recovery of money but I was told I am barred by limitation. I would like to know if the court gives any consideration since I was abroad?


Learning

 4 Replies

manoj   05 October 2017

call me for your query at cell no 8686159292

Siddharth Srivastava (Advocate)     05 October 2017

Case is hopelessly barred by limitation. There are some specific grounds which if prevent a person to exercise its right then only delay can be condoned. But you were hale and hearty and was living abroad and it does not prevent you from filing the case so as such no case for condonation if delay is made out. You may take a chance but I am doubtful that you will succeed.

Advocate Bhartesh goyal (advocate)     05 October 2017

No,delay can not be condone on s�ch ground, If you were abroad then s�it co�ld have beeb filed through power of attorney holder.Now suit is absolutely time barred.

P. Venu (Advocate)     06 October 2017

There could be no condonation of delay while filing a civil action. However, a crminal action is possible, if sufficient grounds exist.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register