What reason should be shown for dealy in filing Money Suit

Dear ADvocate

there no provision for condonation of delay for the filling suit..

as section 5 of limitation act is not applicable to suit....suit

it is applicable to application, appeal etc and not to the suit.

Can you suggest a remedial action please? Surely there should be some way. Actually the accused/defaulter gave a letter stating that he will start paying from 01.03.2008 but did not pay any thing. Will the limitation period be over on 30.02.2011? Or it can be continued since the repayment was through a  running account & the property was mortgaged. Please suggest next step.

Thanks.

No you cannot file a delay condonation application while filing the suit.  You can do one thing normally bank obtains the acknowledgement of debt from the borrower you can use that one to file a suit and Let me know when the notice was issued to the borrower and when it was received by him.  From the date of receipt of the notice you will get 3 years to file a suit.

When the loan was secured by mortgage, why you are preferring money suit as the limitation available for mortgage suit is 12 years.

even if mortgage every emi has limitation. Advocates illness no excuse. more ever the opponent will be given opportunity to attack all your reasons.

The limitaion period should be calculated from the date when the money becomes due as per the terms of agreement. In this regard the " default clause" in the agreement be properly scrutinised. Genrally, if the recall notice has been issued any time before the due date of repayment of last instalment of principal amount ,the limitation should be calculated from the date of recall notice unless there is some part payment or ack. in writing by the borrower.

THERE IS STILL ONE WAY. JUST THINK OVER  IT SERIOUSLY.ALL THE BEST.. PL. REFER SEC 19&20 OF LIMITATION ACT.                                                                      J.P.PATEL ADVOCATE PUNE  (9921158871)

THERE IS STILL ONE WAY. JUST THINK OVER  IT SERIOUSLY.ALL THE BEST.. PL. REFER SEC 19&20 OF LIMITATION ACT.   DELAY APPLICATION NOT MAINTAINABLE.                                                                   J.P.PATEL ADVOCATE PUNE  (9921158871)