Question

Principle: Limitation Act, 1963 bars the remedy, not the right.

Facts: After the expiry of the period of limitation of three years, debtor Rohan makes a part payment of the debt to creditor Sohan. Sohan then files a suit against Rohan for recovery of the debt after two years from the date of part payment. Decide.

विकल्प

• The part payment extends the period of limitation

• The suit is time-barred as part payment is made after  the expiry of the period of limitation 

• Fresh period of limitation begins from the date of part  payment

• None of the above

Answer 1

Fresh period of limitation begins from the date of part payment

Explanation:

After the limitation period ends Rohan makes a part payment; this brings forth the commencement of a fresh period of limitation. As the cause of action starts from the date of part payment, recovery of the debt would be allowed.