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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Surat Singh – Appellant
Versus
Om Parkash Dilbag Singh – Respondent
| Table of Content |
|---|
| 1. defendant's appeal against prior judgments. (Para 1 , 2) |
| 2. arguments regarding loan validity and limitations. (Para 3 , 4 , 8) |
| 3. court's observation on admissions. (Para 10 , 11) |
| 4. ratio on admissions as evidence. (Para 12 , 13) |
| 5. final ruling on the appeal. (Para 15 , 16) |
JUDGMENT :
Nidhi Gupta, J.
1. The defendant is in second appeal against the concurrent judgments and decrees of the learned Courts below, whereby the suit filed by the plaintiff/respondent herein, for recovery of Rs.5,11,343/-, has been decreed by both the Courts below.
2. It is inter alia submitted by learned counsel for the appellant that the learned Courts below are in patent error in decreeing the suit of the plaintiff as the suit was barred by limitation. It is submitted that it is own case of the plaintiff that the appellant had borrowed monies on 11.05.2012; whereas suit has been filed on 15.05.2015. It is submitted that therefore, there was delay of 5 days in filing the suit. However, this aspect of the matter has not been considered by learned Courts below.
3. It is further submitted that the appellant used to sell crops and purchase urea, seeds and fertilizers etc. from the plaintiff. Howe
An admission of fact is considered the best evidence unless legally explained otherwise.
An acknowledgment of debt must be in writing and signed to extend the limitation period; unsigned entries are legally insufficient.
The main legal point established in the judgment is that the suit filed beyond the limitation period as per Article 19 of the Limitation Act, 1963, for seeking recovery of a loan where no time period....
An acknowledgment of payment must contain the debtor's signature to extend the limitation period; otherwise, the suit is barred by limitation.
Allegations of fraud must be substantially proved, and in cases of instruments voidable on the ground of fraud, the time for limitation runs from the date when the plaintiff becomes aware of the frau....
(1) Preliminary issue – When issues of both law and facts arise in same suit, Court may dispose suit by trying issue of law first.(2) Money suit – Issue as to whether claim of appellant is barred by ....
The court established that the dishonor of cheques and subsequent notice can affect the limitation period for filing a recovery suit under the Limitation Act.
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