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AP High Court: Plaint cannot be thrown out as time-barred without trial where an insolvency petition may amount to an acknowledgment of debt

Court
High Court of Andhra Pradesh
Date of judgment
25 September 2026
Case
CRP/2609/2026
Parties
Marthala Jayavardhan Reddy Vs Shaik Bale Peera alias S Md Bala Peera
Bench
TARLADA RAJASEKHAR RAO
Outcome
Disposed of

Summary

A lender sued to recover Rs 4 lakh on a 2021 promissory note. The trial court at Jammalamadugu rejected the plaint as time-barred, because the debtor's later insolvency petition listing the lender as a creditor was, it said, only an admission and not an acknowledgment that extends limitation. The High Court set that order aside and sent the case back.

The question before the court

The court's decision

The High Court held that the debtor's statement in the insolvency proceedings, that he owed Rs 4 lakh to the plaintiff, is an admission and acknowledgment under Section 18 of the Limitation Act, but that whether it was made within the limitation period is a disputed question of fact. Since limitation is a mixed question of fact and law, rejecting the plaint without a trial is impermissible. It set aside the order of 1 July 2026 and remanded the matter to the trial court to decide the issue afresh, with no order as to costs.

Provisions referred to

Read the full judgment (PDF) ↗

Official source: High Court of Andhra Pradesh. The PDF above is a copy from an open dataset of the court's public records.

This summary is prepared for general assistance only. It may contain errors and is not legal advice — rely on the full judgment.

Civil LawLimitationRecovery SuitsCivil Revision Petition

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