MONOTOSH KUMAR MITRA (DEAD) BY LRS. versus AMRENDRANATH SHAW (DEAD) AND ORS.

MONOTOSH KUMAR MITRA (DEAD) BY LRS. versus AMRENDRANATH SHAW (DEAD) AND ORS.

The limitation period for filing an application for final decree under Section 34 of Bengal Money Lenders' Act, 1960, and Order 34 Rule 2 of the CPC starts from the date of the first default in payment, not from the date of notice. The right to apply for final decree accrues once and for all on the date of default...

Source-derived case information.

Parties
Appellant: Monotosh Kumar Mitra (Dead) by LRS.; Respondent: Amrendranath Shaw (Dead) and Ors.
Jurisdiction
India
Judgment Date
17 February 2000
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Calcutta High Court
Outcome
Appeal dismissed
Legal Topics
Mortgages, Money Lending, Decree Execution, Limitation Periods
Property Law Civil Procedure Limitation Law Mortgages Money Lending Decree Execution Limitation Periods

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Parties

Monotosh Kumar Mitra (Dead) by LRS.

Appellant

Amrendranath Shaw (Dead) and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Calcutta High Court

Legal Issues

  1. 1 When does the limitation period for an application for final decree in a mortgage suit under Bengal Money Lenders' Act start?
  2. 2 Does each default in instalment payment create a fresh cause of action for applying for final decree?

Ratio Decidendi

The limitation period for filing an application for final decree under Section 34 of Bengal Money Lenders' Act, 1960, and Order 34 Rule 2 of the CPC starts from the date of the first default in payment, not from the date of notice. The right to apply for final decree accrues once and for all on the date of default and the whole amount becomes due; subsequent defaults do not create fresh causes of action.

Court Disposition

Appeal dismissed

Orders

  • Parties to bear their own costs