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Murali mohan Subramaniam   08 February 2025

Money suit on pro note

Good Day to all. 

Dear sir,  plaintiff- wife filed money suit based  on mortgage deed executed by defendant.  Defendant- wife filed bank challans to prove part payment.now plaintiff producing a pro note dated 05/05/2019 executed by defendant's husband to plaintiff's husband and seeking permission of the court to mark it on plaintiff side stating that the challans payments are related to pro note of her husband . Petition dismissed as no reply statement filed and this facts not stated in the plaint. Can husband of plaintiff sue defendandant-s husband on basis of pronote dated 05/05/2019. Time barred. Whate remady available for plaintiff's husband. Please clarify friends

 



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     08 February 2025

It is barred by limitation hence not maintainable 

Advocate Bhartesh goyal (advocate)     09 February 2025

On basis of promote dated 5-5-2019, if suit is filed, it will be time barred .

Dr. J C Vashista (Advocate )     09 February 2025

In the instant case you have stated that the plaintiff is "wife" whereas defendant is her "husband" ?

Subsequntly you have stated, inter alia, that,

"......Defendant- wife filed bank challans to prove part payment.now plaintiff producing a pro note dated 05/05/2019 executed by defendant's husband to plaintiff's husband.........." is  vague, what do intend to communicate ?


P. Venu (Advocate)     10 February 2025

The facts posted are confused and confusing. Please repost so that the facts as well the issues could be understood.

Murali mohan Subramaniam   11 February 2025

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.


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