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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Laxmi Narayana Alishetty
Menthula Shashidhar, S/o Satyanarayana – Appellant
Versus
Cherukuri Padma Rao, S/o Late Ramakotaiah – Respondent
ORDER:
Laxmi Narayana Alishetty, J.
This Revision Petition is filed directed against the order dated 14.09.2022 passed in I.A.No.416 of 2023 in OS.No.309 of 2022 on the file of Principal District Judge, Warangal.
2. Heard Sri K.Venu Madhav, learned counsel for revision petitioner, and Sri M.Vivekananda Reddy, learned counsel for the respondent.
3. The petitioner is defendant and the respondent is plaintiff in the suit. For convenience, the parties will be hereinafter referred to as arrayed in the suit.
4. In nut-shell, the facts of the case, required for disposal of the present Revision Petition, are that plaintiff filed the aforementioned suit against the defendant for recovery of money on the basis of two separate Ankadas/receipts, dated 15.12.2019; that the defendant entered appearance and filed an application vide I.A.No.416 of 2023 under Order VII Rule 11 CPC to reject the plaint.
5. In the affidavit filed in support of the application, the defendant averred that the plaintiff filed the suit alleging that the defendant borrowed a sum of Rs.85 lakhs on 15.12.2019 and executed two separate Ankadas/receipts for a sum of Rs.45 lakhs and Rs.40 lakhs respectively, agreeing to repay the sa
The date of execution of a promissory note is excluded in computing the limitation period for legal actions, confirming that suits filed beyond the stipulated period are barred.
The period of limitation for obtaining a declaration begins when the right to sue first accrues, as per Article 58 of the Limitation Act, 1963.
The endorsements made in the promissory notes extended the limitation period, making the suit maintainable.
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....
The issue of limitation in civil suits is a mixed question of law and fact requiring trial for resolution.
The limitation period for a suit for recovery of money should be calculated from the date of refusal, not the date of the agreement, as per Article 54 of the Limitation Act.
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