What is the Period of Limitation for a Suit on a Promissory Note?

Jojy George Koduvath

Does the Cause of Action Arise only on a ‘Demand’?

No is the answer.

The ‘Cause of Action’ and the ‘Limitation’ begin from the date of the promissory note itself, unless –

  • a promissory note is made payable on a specified contingency (must be express), or the payment is explicitly made conditional upon an express demand, or the governing contract or statute specifically requires a demand as a condition precedent.

Relevant Provision: Article 35, Limitation Act, 1963

The period of limitation for a suit on a promissory note payable on demand is governed by Article 35 of the Limitation Act, 1963.

Article 35 reads as under:

Description of suitPeriod of limitationTime from which period begins to run
35. On a bill of exchange or promissory note payable on demand and not accompanied by any writing restraining or postponing the right to sue.Three years.  The date of the bill or note.

Thus, where a promissory note is payable on demand, and there is no clause postponing or restraining the right to sue, the money is payable immediately, and limitation begins to run from the date of the promissory note itself, not from the date of any subsequent demand.

Authoritative Judicial Pronouncements

The Supreme Court, in Syndicate Bank v. Channaveerappa Beleri, AIR 2006 SC 1874: (2006) 11 SCC 506, held to the following effect:

  • The words “on demand” do not have a uniform meaning in all contexts.
  • In the case of promissory notes or bills of exchange, this means the amount is always payable, i.e., payable forthwith.
  • A demand is not a condition precedent for the cause of action in such cases.

The Supreme Court clarified that a promissory note payable on demand stands on the same footing as Article 21, and not Article 22.

  • Article 21 (Money lent payable on demand): Limitation begins from the date of the loan, because the money is payable immediately.
  • Article 22 (Money deposited payable on demand): Limitation begins only when a demand is actually made, as demand is a condition precedent.

Our Apex Court, in Syndicate Bank v. Channaveerappa Beleri, held as under:

  • “12. We will examine the meaning of the words ‘on demand‘. As noticed above, the High Court was of the view that the words ‘on demand’ in law have a special meaning and when an agreement states that an amount is payable on demand, it implies that it is always payable, that is payable forthwith and a demand is not a condition precedent for the amount to become payable.
  • The meaning attached to the expression ‘on demand’ as ‘always payable‘ or ‘payable forthwith without demand’ is not one of universal application. The said meaning applies only in certain circumstances. The said meaning is normally applied to promissory notes or bills of exchange payable on demand.
  • We may refer to Articles 21 and 22 in this behalf. Article 21 provides that for money lent under an agreement that it shall be payable on demand, the period of limitation (3 years) begins to run when the loan is made. On the other hand, the very same words ‘payable on demand’ have a different meaning in Article 22 which provides that for money deposited under an agreement that it shall be payable on demand, the period of limitation (3 years) will begin to run when the demand is made.
  • Thus, the words ‘payable on demand’ have been given different meaning when applied with reference to ‘money lent’ and ‘money deposited’. In the context of Article 21, the meaning and effect of those words is ‘always payable’ or payable from the moment when the loan is made, whereas in the context of Article 22, the meaning is ‘payable when actually a demand for payment is made’.”

Legal Principles Evolved

The limitation begins from the date of the promissory note, and the suit must be filed within three years from that date. Apart from the express legal provision contained in the Limitation Act, it is logically sound for the following reasons:

  • 1. A promissory note that is ‘payable on demand’ is enforceable immediately upon its execution.
  • 2. No separate or subsequent demand is required to set the limitation in motion. That is, the cause of action arises immediately on the execution of the note.
  • 3. A creditor cannot postpone limitation indefinitely by delaying demand.

The law affirmed in Syndicate Bank v. Channaveerappa Beleri is followed in the following cases

  • Manjunath S. v. B. K. Subbarao, ILR 2020 Kar 227
  • K. V. G. Rajan v. Karnataka State Financial Corporation, 2017 (4) AIR (Kar) (R) 563
  • Subhash Chand v. State Bank of Patiala, AIR 2014 Del 82
  • Seelak Ram Balhara v. Bank of Baroda, 2014 (2) BC 46 (All)
  • Gujarat Industrial Investment Corporation Ltd. v. Rajit Subodhbhai Shah, 2013 (5) GLR 4289 (Guj)

Earlier Contrary View (Now No Longer Good Law)

An earlier line of decisions had taken the view that a demand promissory note does not become payable until a demand is made, and therefore limitation would begin only from the date of demand. Illustrative cases include:

  • Gopalan v. Lakshminarasamma, AIR 1940 Mad 631
  • Braja Kishore Dikshit v. Purna Chandra Panda, AIR 1957 Ori 153
  • Ghania Lal v. Karam Chand, AIR 1929 Lah 240

‘On Demand’ Subjected to Different Connotations in the Limitation Act

In Seethamma v. Kamala, ILR 1980-2 Ker 339; 1980 KLT 755 (P. Subramonian Poti, P. Janaki Amma, JJ.) made it clear as under:

  • “8. The expression ‘on demand’ has been subjected to different treatment at the hands of the framers of the Limitation Act.
  • Under Art. 21 which deals with suits for money lent under an agreement that it shall be payable on demand, and
  • under Art. 35, which deals with suits on a bill of exchange or promissory note, payable on demand and not accompanied by any writing restraining or postponing the right to sue, limitation starts from the date of the loan or the document, as the case may be. On the other hand,
  • under Art. 22, in the case of a suit for money deposited under an agreement that it shall be payable on demand limitation starts only when a demand is made.”

Conclusion

  • Period of limitation for a promissory note is three years from the date of the promissory note
  • Governing provision: Article 35, Limitation Act, 1963. (It lays down – time from which the limitation period begins to run is the date of the note.)

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