CPC Case law query 2

Yes payment of interest is acknowledgement of claim.  You can file the suit for recovery.

Pooja ji, limitation period gets revised from the date of acknowledgement. So, 'A' can file a case for recovery . S.18 of Limitation Act.

The reply is in the affirmative,provided the date on which the interest  paid / received is endorsed on the instrument,the borrower is liable to be sued within THREE years from date of last such endorsement of interest.

Thanks all for your valuable suggestions..

yes a can file a suit for recovery of money. limitation period for filing the suit will start from the date of paying the interest.

definitely suit for recovery can be filed within 3 years of acknowledgement of loan and in your case, you can file the case.

YOU  CAN FILE CIVIL SUIT FOR RECOVERY OF AMOUNT  WITHIN THREE YEARS FROM LAST ACKNOWLEDGMENT.

yes u can file a suit for recovery within 3 years from the last  date of  acknowledge of loan.

Payment of interest every year, is itself an acknowledgement of the claim. You can a file suit for recovery of loan within three years from the that date.

Dear Ms. Pooja,

ofcourse the answer is in affirmative.

We have to take in to consideration that cause of action for any litigation arises when one of the party renounces to fulfill its legal obligation.

So if we have to calculate the Limitation period under Limitation Act then it will be Calculated from the date of renounciation of Debtor to repay the Loan amount and not from the date of Loan as you have mentioned that the time for remitting the Loan is extended at the Request of Debtor(Then also it is in limitation).

Hence the Limitation and Cause of Action for suit starts from your demand for payment and renounciation on the part of Debtor.

Regards,

Saquib

yes u can file a suit in last years when u received last intres