Volume 2 Issue 7

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A civil suit filed in civil court does not fall under Section 5 of the Limitation Act: Supreme Court

Date of News: 

21-01-2022

Date of Publication: 

10-02-2022

Unique ID:

202281511

Name of the Author: 

Aryan Sharma

Field of Law: 

Civil Law

Content of News:

The Supreme Court held that section 5 of the Limitation Act is not applicable to civil suits filed in Civil Courts. The court dismissed the judgement of NCDRC where they said the compliant would be at liberty to seek remedy in the competent civil court . Moreover, the Commission pointed out that if he decides to file an action in a Civil Court, he may do so under Section 5 of the Limitation Act, 1963. A statement from the SBI counsel was also recorded, stating that the SBI will not push the issue of limitation if a Civil Court action is brought by the complainant. A case was filed in the Consumer Disputes Redressal Forum, Purba Medinipur alleging that the opposite party Sunil kr Maity had a saving account since January 2000 the number of the bank account was changed on 24th February 2010. The compliant went to deposit Rs 500 on 15 September 2012 where he was informed by the staff that his account number again has been changed. On 16th January 2013 the compliant deposited a cheque worth Rs 3,00,000 on 11th December 2013 he updated his passbook where the balance showed Rs 59. On enquiry it was found out there was another customer named Sunil Maity whose account number was wrongly given to him The other Sunil Maity had already withdrawn the money from the account. The compliant wrote several letters to the bank but eventually moved to the consumer forum. The complaint was allowed by the SCDRC. The SCDRC upheld the order of the Consumer Forum except to the extent of fine imposed. Therefore, the bank approached the NCDRC by filing revision petition. The bank addressed the NCDRC with a petition for amendment. The NCDRC granted the petition and dismissed the case, leaving the complainant free to pursue the matter in a competent civil court as provided by law. The Complainant took his case to the Apex court, challenging the order. The Supreme Court granted the appeal and overturned the NCDRC's decision.

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