TaxTMI 
TaxTMI 
2016 (8) TMI 1097
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....he present appeal under Section 96 of the Code of Civil Procedure, 1908 assails the judgment and decree dated 27.08.2015, passed by the District & Sessions Judge (East), Karkardooma Courts, Delhi in CS No.109/2015, titled "M/s National Minorities Development and Finance Corporation vs. Andhra Pradesh Mahila Welfare Society & Ors." whereby the said suit for recovery of money, instituted on behalf of the appellant herein came to be dismissed, as being barred by limitation. 2. Learned counsel appearing on behalf of the appellant canvasses a solitary ground before this Court in the present appeal. It is urged on behalf of the appellant that the guarantee executed by the defendant was in the nature of a continuing guarantee and that consequentl....
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....ime such payment is made. 5. In the present appeal, it is observed that subsequent upon the disbursement of the loan on 23.12.2000, the appellant has not averred that any payment has been received from the defendants. 6. In this backdrop, the learned trial court dismissed the suit with the following order:- " Vide this order, I shall dispose arguments on the point of limitation. Present suit has been filed by the plaintiff against defendants for recovery of Rs. 3,80,366/- (Rupees Three Lacs Eighty Thousand Three Hundred Sixty Six). Facts as mentioned in the plaint are that defendant No.1 Society requested the plaintiff for financial assistance by way of loan and the plaintiff sanctioned loan under Micro Credit Scheme to the tune of Rs. 4....
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....ocument i.e. acknowledgement of debt in writing or part payment of debt allegedly made by the defendants, I hold that there is inordinate delay in filing of the present suit. So, the present suit, being barred by limitation, is liable to be dismissed. Accordingly, present suit is dismissed, being barred by limitation. Decree sheet be drawn. File be consigned to record room." 7. It is trite to state that the Court has no discretion to extend the period of limitation prescribed by the said Act, except insofar as it falls within the mandate of the provisions contained in Sections 4 to 24 (inclusive) of the said Act. 8. In the present case, in my view, in the facts and circumstances, the submission made on behalf of the appellant to the effe....