Final Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 35 CS SCJ 522/26
CANARA BANK Vs. SONIA
21.05.2026
Present: None.
Be put up for orders at 04:00 PM.
(Mayank Mittal)
SCJ-cum-RC, North-West,
Rohini Courts, Delhi/21.05.2026
At 04:00 PM
Present : None.
Matter is fixed today for orders.
The present suit is for recovery of sum of Rs.
1,44,201.23/-. On the LDOH, the Ld. Counsel for plaintiff filed
relevant judgment on the maintainability of the present suit and
Ld. Counsel for plaintiff also advanced his submissions on the
maintainability of the present suit.
Heard. Perused.
After perusal of the record, it is found that the
defendant took a loan of Rs. 50,000/- from the plaintiff i.e.
Canara Bank on 08.07.2015. Later the defedant stopped paying
the EMI. The said loan was declared NPA on 07.10.2016. The
defendant executed an acknowledgment of debt on 09.04.2018.
The defendant further executed another acknowledgment of debt
on 27.10.2023. It is submitted by the counsel for the plaintiff that
the suit is within limitation from the date of second
acknowledgment of debt.
-- 1 of 3 --
-2-
It is noted that section 18 of the Limitation Act,
1963 specifically states that for availing the benefit of section 18,
the acknowledgment of liability in respect of property or right
must be before expiration of the prescribed period of limitation
for a suit. The prescribed period of limitation for the suit of
recovery of money is 3 years from the date of loan. In the case at
hand, the period of limitation of 3 years shall start reckoning on
08.07.2015, which would have expired on 08.07.2018. However,
as defendant has acknowledged debt on 09.04.2018, the fresh
period of limitation started running from 09.04.2018, which
expired on 09.04.2021. The later acknowledgment of debt is
dated 27.10.2023, which is beyond the period of limitation. Even
if as per judgment of Hon’ble Apex Court, the plaintiff is being
given the benefit of relaxation, and 384 days of remaining period
of limitation is added after 01.03.2022, the later acknowledgment
of debt should have been on or before 20.03.2023 or suit should
have been filed before that date.
The case of IL & FS FINANCIAL SERVICES LTD
Vs. ADHUNIK MEGHALAYA STEEL PVT. LTD
MANU/SC/0996/2025 does not apply to the facts of this case.
The case of B. Prashanth Hegde Vs. SBI MANU/SC/0156/2026
also does not come to the rescue of the plaintiff as in that case the
period of limitation was extended by various working capital
consortium agreements executed between the parties, after the
acknowledgment of debt.
In view of the above discussion, the suit is barred by
limitation and plaint is rejected u/o 7 rule 11 (d).
-- 2 of 3 --
-3-
File be consigned to Record Room after due
compliance.
(Mayank Mittal)
SCJ-cum-RC, North-West,
Rohini Courts, Delhi/21.05.2026(u)
-- 3 of 3 --