dronavalli satishkumar 02 August 2017
Advocate Bhartesh goyal (advocate) 02 August 2017
G.L.N. Prasad (Retired employee.) 02 August 2017
are there any special circumstances where the validity of a promissory note may be extended ?
Limitation period of the PN can be extended by taking acknowledgment of debt, during the limitation period of the promissory note.
EX: DPN dt. 1-1-13 for Rs.5,000 , it becomes barred by limitation on 31-12-16. , If the borrower signs the letter acknowledging such debt through a stamped letter stating the outstanding as on that date, the limitation period gets extended. That means if the borrower signs a letter on Rs.1/- revenue stamp acknowledging the amount as on that date Ex.51,500/- interest oon 10-11-16, it gets extended from 10-11-16 for a further period of three years.. Ex: 9-11-19
dronavalli satishkumar 02 August 2017
G.L.N. Prasad (Retired employee.) 02 August 2017
The act can not differentiate such disabilities. Show the promissory note to Advocate with all correspondence, and they can detect some loophole if there is a correspondence or credit in writing to bring the PN into force. With Court these pleadings seldom work. Once you file a defective one with limitation period, you can not later make any amends.
It all depends on borrowers integrity. If you can get a fresh promissory note admitting the old promissory note, then it becomes a valid one.
dronavalli satishkumar 02 August 2017
dronavalli satishkumar 02 August 2017
G.L.N. Prasad (Retired employee.) 02 August 2017
The simple thing in law: "Ignorance is law is no excuse" "Law can not support lazy and indolent"
Judges can only decide on the basis of laid down stipulations in Act. When every act is having statutory powers, these arguments hold no water.
dronavalli satishkumar 02 August 2017
GANDHI MOHAN BHARATI (Pensioner) 02 August 2017
I am sorry that though you have been advised properly, you are still insisting about old age. Unless the borrower is an honest person, nothing can be achieved.
Susen Nath 02 August 2017
dronavalli satishkumar 02 August 2017
Anil Upadhyay (Lawyer) 02 August 2017
Limitation Period for Promissory Note is 3 years
dronavalli satishkumar 02 August 2017
Preeti Pethe 04 August 2017
I think this might help ,
Section 5 in The Limitation Act, 1963
5 Extension of prescribed period in certain cases. —Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation.— The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.