Dear Sir,,
The plaintiff-wife, filed a money suit on the basis of mortgage deed against defendant-wife. The plaintiff's husband and the defendant's husband well known to each other. The defendant husband also borrowed money from the plaintiff"s husband executing a pronote on 05-05-2019. He settled the amount by paying monthly through bank account. Now, the defendant during the trial produced the bank challans as her proof for payment to the plaintiff. In fact, those payments were made by the defendant's husband to the plaintiff's husband loan amount. If the defendant stand is these payment were intenended to plaintiff's loan, then the defendant's husband has to pay loan amount to the plaintiff's husband. The promissory note executed by the defendant's husband is time barred. Now what remady is available to the plaintiff's husband to recover pro note amount from the defendant's husband. This is my query, Sir.
Please advise.
Thanks & Regards,
Murali Mohan
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