Legal Question in Credit and Debt Law in India

06.11.2015

Dear Sir / Madam,

Yes, the delay of 8 months in filing of summary suit for recovery of money due can be condoned by the Court.

Regards,

Sir

The Limitation to file any suit is 3 years. Once this limitation expires, your right to file suit is barred by limitation. Please note, delay condone u/s 5 of Limitation Act, applies only to appeal, reviews, revisions, etc., AND NOT TO THE ORIGINAL PROCEEDINGS. In no SUIT can delay be condoned. DELAY BARS THE REMEDY. This is settled principle of law.

Section 3 of Limitation

Subject to the provisions contained in Sections 4 to 24 (inclusive), every suit instituted, appeal preferred,

and application made -after the prescribed period shall be dismissed although limitation has not been set up as a defence.

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, 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.

If you see both the sections, there is no provisions of extension of time period in Suit. REMEMBER A SUIT IS NOT AN APPEAL OR ANY APPLICATION.

The reason i had to elaborate this answer was due to my Brother Colleague had advise you otherwise, which, with due respect, is not the correct position of law.

Feel free to contact, should you have any questions

Vivek N Mapara

vnmlaws.com