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Recovery Suits

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AP High Court ·25 Sep 2026 ·Civil Law

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

The question: Can mention of a creditor and the amount due in the debtor's insolvency petition amount to an acknowledgment under Section 18 of the Limitation Act?

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.

Disposed of CRP/2609/2026