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DELHI HIGH COURT
JYOTI SINGH
Sushma Singh – Appellant
Versus
Ram Bhajan Pal – Respondent
| Table of Content |
|---|
| 1. background of loan transactions and defaults. (Para 1 , 2 , 3 , 4) |
| 2. trial court's decision on recovery amount and limitation. (Para 5) |
| 3. arguments challenging trial court's bifurcation and limitation ruling. (Para 7 , 8 , 9) |
| 4. analysis of acknowledgment roles in limitation. (Para 11 , 12) |
| 5. distinction between acknowledgment under limitation act and express promises. (Para 13 , 14 , 15 , 16) |
| 6. judicial interpretation of section 25(3) regarding promises to pay. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 7. final conclusion and decree. (Para 23 , 24) |
JUDGMENT
Jyoti Singh, J. Present appeal lays a challenge to the impugned judgment and decree dated 23.11.2020, whereby the learned Trial Court has partially allowed the claim of the Appellant in the sum of Rs.1,80,000/- along with interest @ 5% per annum in Civil Suit No. DJ/551/2019, under Order XXXVII CPC titled as `Smt. Sushma Singh v. Sh. Ram Bhajan Pal'. Appellant before this Court was the Plaintiff before the Trial Court and Respondent was the Defendant and parties are hereinafter referred to by their litigating status before this Court.
2. At the outset, it needs to be noted that Respondent refused to accept the summon
A written acknowledgment of debt as a promise to pay under Section 25(3) of the Indian Contract Act can validate a recovery claim even if time-barred, thus distinguishing it from an acknowledgment un....
The main legal point established in the judgment is that the issuance of a cheque for repayment of a time-barred debt creates a legally enforceable liability under Section 138 of the Negotiable Instr....
The main legal point established in the judgment is that a promise made in writing and signed to pay a time-barred debt is valid and enforceable under Section 25(3) of the Indian Contract Act.
The court affirmed that a promise to pay a time-barred debt under Section 25(3) of the Indian Contract Act can revive the claim, and the Arbitrator's findings were not subject to re-evaluation under ....
The main legal point established in the judgment is the application of Section 25(3) of the Indian Contract Act and Section 18(1) of the Limitation Act in determining the validity of a settlement agr....
The alleged promise to pay a time-barred debt must be an express, clear, and unconditional promise in writing to satisfy the requirements of Section 25 (3) of the Indian Contract Act.
The main legal point established in the judgment is the interpretation and application of Section 25(3) of the Indian Contract Act in relation to the recovery of a time-barred debt and the requiremen....
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