Case on borrowed fund not given back
I have a case on the name of my Father and Mother saying they have borrowed money for 6,00,000 and they has signed a pro-note for that. My Father also given a check and that is bounced.
Now my father expired recently. I have only my mother. How long i can run this case? Can i run this case atleast for 10+ years?
Also, I am in USA and i want my mother with me. Will there be any problem for her to come here if the case is still running.
Asked in Civil Law from United States
Hi, it is very difficult to say how long you can fight for the case it is depending upon facts and circumstances and nature of the case.
(2) It is not clear whether civil case is pending or complaint under negotiable instrument act is pending and in what stage the case is now then only we can say approximate time.
(3) you can conduct the case through advocate and for traveling to USA is nothing to do with the case.
1) it appears summary suit has been filed against your parents for recovery of Rs 6 lakhs under Order XXXVII of CPC .
2) you have not mentioned what is the stage of suit proceedings ? has summons for judgement been taken out ?
3) what are order passed by court till date . ?
4) if any orders are passed in Summons for judgement and your mother does not make payment Plaintiff would be entitled to a decree .
5) period for disposal depends upon pendency of cases in local courts
6) as far as cheque bouncing case filed against your father only under section 138 Ni on your father demise proceedings abate . in other words criminal proceedings come to an end
7) your mother can visit you during pendency of civil case
1. From the facts furnished by you, it seems that a lawsuit for recovery has been filed against your parents. However, it is not clear form your query as to at what stage the case currently is.
2. Has the court passed any interim order till now?
3. If your father is dead the case can be continued against your mother and also the legal heirs of your deceased father i.e you and your mother.
4. If the court holds your parents liable to pay the amount, the order of the court will have to be complied with.
5. If you have engaged a lawyer then your personal presence in the court is not required.
6. We cannot predict the period within which the case may be decided by the court. If the case is at an initial stage the disposal may take a year or more. If, however, the evidence has started it may be decided within the next few months.
7. There is no bar to your mother travelling to USA unless the court has restrained her.
8. Regardless of which corner of the world your mother travels to or resides in she will be legally obligated to abide by the judgment of the Indian court, failing which the coercive process of law can be set in motion against her.
You haven't given clear facts however if a criminal case is pending against your father then on his death the suit would abate however in a civil proceeding an application to substitute the legal heir must be filled by the person who filed a case. If that had not been done, no decree passed against you're father can be implemented.
if there is any case u/s 138 of N.I.Act is pending then after the death of your father this case will be dismissed.
the creditor may file a civil suit for recovery against the legal heirs of your father before civil court and before civil court it may be run more then 10 years.
There is no problem to your mother to travelling abroad, travelling abroad is her fundamental right and nobody can restrain her to travel abroad without ant criminal offence or activities.
Advocate, New Delhi
1. Against whom the case has been filed? Is it a civil Case or a case filed u/s138 of N.I.Act?
2. At what stage is the case now?
3. Who had issued the said bounced cheque?
4. Without the above information it is difficult to advise properly,
5. However, if the case is u/s198 of N.I.Act filed against your father, it has ended once he expired,
6. If it is a Recovery Suit filed against your mother also, then its disposal depends on the load on the Court and also how your lawyer aptly can manage to delay the hearings by seeking repeatitive adjourments, managing tyhe court clerk to give long dates etc.