• Time frame of Limitation

*If a sub-contract construction Business is continued since 16 years by issuing of Work-orders in chain (from Planning Deptt) and overlapping and gaping part payments also in separate chain (from Account Deptt) and after accumulation of huge amount defendant becomes silent and replace the plaintiff.

*If a maintenance warrantee submitted by plaintiff on 10 rs. judicial stamp paper to defendant as per 
 all mutual work-order/s for 10 years.

*Payment request thru E-mails and SMS Sent weekly but do,nt have the receving reports as per limit 
 of internet consumer.

*And if once case has admitted on ground of condone of within one year and on the basis of formal account report received from defendant within one year before.
Asked 4 years ago in Civil Law

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6 Answers

Under Section 3, Limitation Act, it is the duty of the Court to dismiss a claim as time-barred if it is brought beyond the period prescribed in the schedule; but limitation may be saved if the plaintiff can bring himself within one of the exceptions. The burden therefore lies on the plaintiff to show that his case falls strictly within the scope of any such exception."

Thus, Order 7 Rule 6 provides that where a suit is instituted after the expiration of limitation, then the prescriptions in the Limitation law stand extended by operation of the proviso to Order 7 Rule 6 where Court may permit the plaintiff to claim exemption provided the plaint makes out a ground, upon which, exemption of law is claimed

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Hi

1) Since maintenance warranty is in place as per mutual work order for 10 years, the limitation will be considered from expiry of warranty and not from date of supply of materials and hence limitation period will commence from the date of expiry of warranty (3 years from the date of expiry of warranty).

2) Also since a formal account report has been submitted by the plaintiff to the defendant, if an acknowledgment from Defendant is available, the limitation will start from date of acknowledgement of debt

3)If a case has been admitted after condoning delay, the defendant can still challenge the maintainability of suit under law of limitation prior to filing counter / written statement by him.

4) So, if the court has admitted the case after condoning delay probably given that the stringency of the original Order 7 Rule 6 of the CPC has been mellowed down by adding a proviso to the provision by the amending Act 104 of 1976, as a matter of abundant caution, you should still be prepared to counter the plea of defendant who at the time of appearance may challenge the maintainability of the suit on grounds of limitation

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Dear,

It is duty of plaintiff to satisfy court for the delay.

So with application present valid reason of delay court will allow your writ.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Dear sir,

For better advise on the topic we need to have access of the papers and the agreement.

You can approach through kanoon.com and fix a consultation session with one of the lawyers.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

1. every fresh work order constitutes a fresh contract or in the alternative extension of principal contract pursuant to which the work orders are being issued since past so many years - so if the terms of the last such work order is breached then the aggrieved party has 3 years to pursue a legal remedy computed from the date when the breach occured

2. limitation will begin to run from the date the warranty is invoked by the party to whom such maintenance warranty is given, provided the warranty is subsisting when it is invoked

3. from the date of knowledge of the emails/sms to the recipient, unless the sender can prove that the knowledge was acquired before the date as claimed by the receiving party

4. the query is not clear - please elaborate - if the delay is condoned then where is the question of limitation?

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Do you want to clarify the limitation for claiming or recovery of amount due to you?

The evidences of email and sms demands made shall be taken into account for bringing the matter under limitation.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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