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Recovery suit - statute of limitationnnMy father's friend owed him some money. For the same the coll


30-Apr-2023 (In Recovery Law)
Recovery suit - statute of limitationnnMy father's friend owed him some money. For the same the collateral that he gave was a cheque and promisory note. He's has been delaying the payment for a long time and now we are planning to go ahead with the legal proceedingsWhile going through the documents, i noticed that the cheque and promisory note both have date of 20/12/2019 on them. So as a result NIA is ruled out. Also on the civil recovery suit front, we are beyond the 3 years period by 4 months. nnIs it still possible to successfully file this case even though we have crossed the period of 3 years under the statute of limitation?nWhat is usually a valid reason that the judge usually considers in such cases?nIs COVID going to provide us any relief while calculating the duration?nA friend adviced me that since my father passed away in 7/2019, I can ask for consideration from the judge on the grounds that I was taking over the family matters and this as a result got delayedPls sugg
Answers (2)

Answer #1
532 votes
There is no bar in filling any civil suit even if the period of limitation is over as there is a special provision in law under section 5 limitation act1963 particularly for condoning any delay which has appeared bonafidely in filling any suit ,appeal, writ or any application/s . The delay must be genuine /bona-fide beyond the control of the party pleading it .The law says that there should not be inordinate delay (ex filling after 10 years etc.)Yes the period of civil will also help u .Contact me for further discussion.
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Answer #2
854 votes
Yes, its still possible to file a case, As there was a COVID period and the hon'ble Supreme Court has given a guideline wherein period from February 2020 to February 2022 was exempted so if in case the time left does not cross that particular limit waving that particular period of 2 years you can file a case based on the promissory note.
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