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Murali mohan Subramaniam   11 February 2025

Money suit- lapsed pro note- remedy

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

Read more at: https://www.lawyersclubindia.com/forum/money-suit-on-pro-note-236921.asp



 5 Replies

P. Venu (Advocate)     11 February 2025

This is a repeated query. Please revisit earlier posting.

T. Kalaiselvan, Advocate (Advocate)     11 February 2025

The recovery of money through Pro note is barred by limitation.

Dr. J C Vashista (Advocate )     12 February 2025

Repeated query.

What is the opinion and advise of the lawyer engaged by you, if any?

Murali mohan Subramaniam   14 February 2025

Good morning sir

Plaintiff did not file reply statement stating about pro note executed by defendant husband.

So, If order is  against the plaintiff, then in the appeal we decided to mark the promissory note dated 05 05 2019 executed by the defendant,s husband.

Thanks Murali

T. Kalaiselvan, Advocate (Advocate)     16 February 2025

It is not mandatory for the plaintif to file a reply statement however if the case was decided against plaintiff then he has rights to prefer an appeal.

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