V.V.RAMDAS (Advocate) 31 July 2009

where from the limitation starts ?

Friends,

A person deposits Rs 8000/-on 15.06.199 before the RTO for renewal of his route permit to continue as commercial vehicle for a temp trax, which lapses on 30.06.1999 but the RTO neither renewed nor refunded the amount . on 15.05.2001 RTOinformed the party to get the vehile changed from commercial to private accordingly the party deposited the required amount and get it converted from commercial to Private and the party issued a notice in 2001 and a legal notice in December 2002 but the RTO did not reply. Being agrived the parrty filed a suit in the year 2003 for damages . Now my question is when the cause of action arises and from which point the limitation will be counted.

realisation of the paid amount along with damages he filed a suu

realisa

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6 Replies

Y V Vishweshwar Rao (Advocate ) 31 July 2009

from the Date of 2001 Notice !

V.V.RAMDAS (Advocate) 01 August 2009

Rao garu,

Meare issuing of notice will not create any cause of action , so it will not create limitation. Go through AIR 1969 SC 1449, S.N Dutta vrs. Union of India and AIR 1927,prvicouncil

V.V.RAMDAS (Advocate) 01 August 2009

Rao garu,

Meare issuing of notice will not create any cause of action , so it will not create limitation. Go through AIR 1969 SC 1449, S.N Dutta vrs. Union of India and AIR 1927,prvicouncil. It is a time barred case.

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Y V Vishweshwar Rao (Advocate ) 01 August 2009

Dear Ramdas ,

it is true that limitation starts accordign to the fats of each transaction , mear issuing notice is not startign point !

ashoksaini (advocate) 02 August 2009

limitaition will start from the lapse of period of 15 days after 15/5/2001 when the amount for transfer of commercial vehicle to private vehicle was deposited with RTO

V.V.RAMDAS (Advocate) 03 August 2009

Dear Ashok ,

let me clarify Whether limitation starts for realisation of the amount paid for commercial permit or for anything else? What is the period of limitation for realisation of amount and under what article of limitation Act ?