Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Gurnam Singh – Appellant
Versus
Pargat Singh – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. The petitioner has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India by filing the present civil revision, seeking setting aside of the impugned order dated 06.09.2025 (Annexure P-4) passed by the learned Civil Judge (Junior Division), Moga, whereby the application moved by the petitioners under Order VII Rule 11 CPC for rejection of the plaint (Annexure P-1), on the ground that the suit was barred by limitation, was dismissed.
2. The respondent–plaintiff instituted a suit for recovery of a sum of Rs. 35,50,967.75, pleading that an amount of Rs. 20,00,000/- was paid by the plaintiff to defendants No.1 and 2 on 13.11.2015, which was thereafter transferred by them to defendants No.3 and 4, but has not been repaid to date. An FIR came to be registered against the defendants, pursuant to which defendant No.2 filed a bail application titled Harvinder Kaur vs. State of Punjab. The learned Additional Sessions Judge, Bathinda, vide order dated 09.07.2020, directed Harvinder Kaur to join the investigation and granted her interim bail, which she duly complied with. During the course of proceedings, Harvinder Kau
The court clarified that acknowledgment of liability under Section 18 of the Limitation Act does not extend the limitation period unless explicitly stated, and review is not a substitute for appeal.
The endorsements made in the promissory notes extended the limitation period, making the suit maintainable.
The question of limitation in a suit involving a sick industrial company is a mixed question of law and fact, requiring a full trial to resolve.
The acknowledgment of debt for limitation purposes must be explicit, written, and made before the expiration of the limitation period; mere disputes do not suffice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
