LIMITATION OF PROMISSORY NOTE TO FILE SUIT

DEAR PATIL & FORUM MEMBERS,

MR ROKKAM APROCHED PERSONALLY,WE MADE CASE FILED,AS U SUGGESTED IN HYD,JCJCOURT,HYD...THANKS U VERY MUCH ALL FOR UR VALUBLE SUGGETIONS....

hello,

 you cann't file after 30.08.09

thanks

vr

30-08-2009 IS A HOLIDAY (SUN DAY),HENCE WE MADE IT

limitation period of 3 years has expired as on 30.08.2009 and hence you cannot file a suit.

Dear Friends,

I am surprised to see such conflicting opinions on such a simple query. The instrument is undoubtedly barred by limitation and the delay cannot be condoned for filing a suit under any statute. I only wish that there was such a provision available under the Limitation Act.

Thanks, 

Ramakrishnan, ADV 

That P.N is not enforcable as it is barred under law of limitation, if you can get acknowlegment of the debt from that person, that will help.

mr.krishna and mr.vishal is correct

Agreed with Mr. Vishal

You can not file suit, as it is not in limitation. Sec. 5 of Limitation Act can not condone the delay for filing suit.

Mahesh kumar yadav

the limitation for the suit is 3 years,  so your  problem is barred by limitation period, if you can show good cause for the delay then judge has power to condone delay, and may accept ur suit 

suit is barred by limitation    !      no doubt about it. !

sec 5    Limitation Act is also  not applicable to original suits !

so, unless and until, you get a valid acknowledgement in writing, to have a fresh cause of action, law cannot help you !

there is no need of  any  ambiguity.

salil kumar

advocate

thalassery-670101

mob: +91-9447536929

within expiry of 3 years you have issued a notice so  limitation is extended for further 3 years, u can file the suit after 30/8/09.

DEAR SIR, IF THE SUIT IS FILED THEN IT WOULD SURELY BE TIME BARRED SUIT.

     Mr. Rokkam, definately u can file suit for recovery of money, even after 30.8.09  as per the following citation:- 

M/S. Kannegolla Ramchander Rao Vs.Smt. Kannegolla   Santhakumari  & Others. 1996 ALT (1) ...pg..120 

" Period of limitationof three years runs from the date of service of notice and not from the date of taking the amount :                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

Sec 12 (1) of Limitation Act - the Day from which the period to be reckoned shall be exclueded . the Day 30-8-2006 is excluded . The  last day for filign the suit is (3 years)  30-8-2009 - ---30-8-2009 is Sunday , suit can not be filed  on monday next working  day suit filed on 31-8-2009  is with in limitation