Limitation Act — Part 1 MCQs with Explanations

Assertion (A) is false because it inaccurately states that Section 5 of the Limitation Act empowers the court to admit a suit after the prescribed period. In reality, Section 5 of the Limitation Act provides the court with the discretion to admit appeals, applications, or petitions after the prescribed period if sufficient cause is shown. However, it does not specifically pertain to suits. The assertion incorrectly broadens the scope of Section 5. Reason (R) is true . The reason correctly explains the provision of Section 5 of the Limitation Act, which allows for the admission of appeals, applications, or petitions after the prescribed period if sufficient cause for the delay is demonstrated. This principle applies to appeals and other proceedings. Given this interpretation, if most people are saying Option D, then Option D: (A) is false but (R) is true would be considered the correct answer based on the information provided.

The correct answer is: In the context of the Limitation Act, we have two statements: Statement A: In computing the period of limitation for any appeal, the day from which such period is to be reckoned shall be included. Statement B: In computing the period of limitation for any appeal, the day on which the judgment complained of was pronounced and the time requisite for obtaining the copy of the decree shall be excluded. To determine the correctness of these statements: - Statement A implies that the day from which the limitation period starts should be counted within the period. This is generally true; the starting day is usually included when calculating the period of limitation. - Statement B suggests that the day of the judgment and the time required to obtain a copy of the decree should be excluded. This is also generally true; these days are typically

Payment of interest on the money due from the defendant to the plaintiff : This is the correct answer. Article 25 of the Limitation Act, 1963 deals with the limitation period for suits relating to the payment of interest on money due from the defendant to the plaintiff. Payment of interest on the money due from the plaintiff to the defendant : This is not the correct answer. Article 25 specifically relates to interest on money due from the defendant to the plaintiff. Either (A) or (B) : This is not the correct answer. Article 25 is specific to the payment of interest on the money due from the defendant to the plaintiff. None of these : This is not the correct answer. Article 25 does have a specific application related to the payment of interest. Therefore, in the context of the question, Article 25 of the Limitation Act, 1963 deals with the Payment of interest on the money due from the defendant to the plaintiff (Option A).

Section 7 of the Limitation Act deals with the extension of limitation in cases of liability for a person in respect of any immovable property . This section provides for an exception to the standard limitation period when the person liable is a minor or of unsound mind. It essentially allows for an extension of time for bringing a legal action in cases where a person's liability relates to immovable property and they are under certain incapacities. Option A: Liability in respect of any immovable property is not applicable here because Section 7 pertains to this very category of liability. It applies to cases involving immovable property and the specified incapacities. Option B: Liability in respect of any movable property is incorrect because Section 7 does not deal with liabilities related to movable property. The correct answer to the question is a category of liability that is not covered by Section 7. Option C: Contractual liability is not applicable here because the question specifically asks about the category of liability that Section 7 does not apply to. Option D: None of the above is not the correct answer in this context, as there is a specific category of liability mentioned in the question that Section 7 does not apply to. Given the options provided, the correct answer is Option B: Liability in respect of any movable property.

What Section 14 requires: For Section 14 to help you (meaning, to exclude or remove the time spent in the old case), you must show two main things: 1. You were fighting your previous case with "due diligence" (meaning, you were careful and did everything you should have, like a reasonable person). 2. You were acting in "good faith" (meaning, you were honest and had no intention to mislead or waste court's time). 3. The previous case failed because of a technical problem (like the court didn't have the power to hear it, or some other similar reason), and NOT because your claim was wrong on its merits . Now let's look at our question: The plaintiff filed a suit. The defendant, right at the beginning, told the plaintiff in his written reply that a "necessary party" was missing from the case. A "necessary party" is someone who *must* be part of the case for the court to make a complete and fair decision. If a necessary party is missing, the case might not be successful later on. The important part is that the plaintiff knew about this missing party because the defendant pointed it out. But the plaintiff ignored this objection and continued the suit anyway. Later, the plaintiff won the case in the first court, but then decided to withdraw it at the appeal stage (a higher court) to file a new one. This was probably because they realized this "missing party" issue could cause problems for them later, and they wanted to fix it. Why Section 14 DOES NOT apply here: Since the defendant clearly told the plaintiff about the missing necessary party at the very start, the plaintiff was aware of this defect . By choosing to ignore it and continuing the suit without adding that party, the plaintiff cannot be said to have prosecuted the earlier suit with "due diligence" or in "good faith" regarding this specific defect. Section 14 is meant to help those who genuinely tried their best but faced unforeseen or technical issues that were not their fault. It's not for situations where someone knowingly ignores a crucial defect pointed out to them. Therefore, the time spent by the plaintiff in the earlier suit cannot be excluded . Looking at the options: * Option A: Is wrong because the plaintiff was *not* diligent or in good faith about the missing party problem, as they chose to ignore the defendant's objection. * Option B (Correct Answer): Clearly states that the time is not liable to be excluded because the plaintiff cannot be said to have acted with due diligence and in good faith after being informed of the defect. This perfectly matches our understanding of Section 14. * Option C: Mentions Section 14(3), which is for "execution applications" (when you ask the court to carry out its order), not for filing a new suit. So, it's incorrect. * Option D: While courts have some power, the main requirements of Section 14 (like due diligence and good faith) must be met first. If they are clearly not met, it's not just a matter of the court's "discretion." So, the correct answer is Option B . The plaintiff knew about the problem but didn't fix it, so they don't get the special benefit of Section 14 to exclude the time.

Section 6 of the Limitation Act applies in case of minority. This means that if a person is a minor (below the age of majority) at the time when a legal action should have been taken, the period of limitation specified for that action will not begin to run until the person ceases to be a minor. So, the correct option is: Option C: Minority

The correct option is "Section 3 of the Limitation Act". The Bar of limitation is specifically provided under Section 3 of the Limitation Act, 1963 . This section mandates that every suit, appeal, or application filed after the prescribed period of limitation shall be dismissed, even if limitation has not been set up as a defense by the defendant. The object of this provision is to prevent stale claims from being litigated and to ensure legal certainty by requiring parties to exercise their rights within the prescribed time limits. Why not the others? Section 2 contains definitions, not the bar of limitation. Section 4 deals with expiry of limitation when the court is closed. Section 5 provides for extension of prescribed period in certain cases (condonation of delay). Section 6 relates to legal disability and its effect on limitation. Therefore, the correct answer is Section 3 of the Limitation Act .

Civil wrong, which is not exclusively the breach of a contract or the breach of trust is the correct answer to “Tort' in the Limitation Act, 1963 includes which of following”. This question is standard in competitive examination syllabi for Limitation Act.

3 years is the correct answer to “What will be the limitation period for instituting a suit for which no specific period of limitation is provided under Limitation Act, 1963”. This question is standard in competitive examination syllabi for Limitation Act.

3 years is the correct answer to “What is the period of limitation for filing a suit under Article 113 of the Limitation Act”. This question is standard in competitive examination syllabi for Limitation Act.

27 is the correct answer to “Which of the following section of the Limitation Act, 1963 gives recognition to the concept of 'Adverse Possession'”. This question is standard in competitive examination syllabi for Limitation Act.

(2) and (3) is the correct answer to “Where in any case, the suit or application is based upon fraud or mistake, the period of limitation shall not begin to run unit the plaintiff or applicant has discovered the fraud or the mistake. The statement is: (1) False (2) True (3) Provided under Section 17 (4) Not provided under Limitation Act Choose the correct combination:”. This question is standard in competitive examination syllabi for Limitation Act.

If the court was closed for half an hour on the last date of limitation is the correct answer to “A suit filed on the day next to the last date of limitation for filing thereof will not be barred by time:”. This question is standard in competitive examination syllabi for Limitation Act.

The day on which judgement pronounced and the time requisite for obtaining copy of the decree shall be excluded is the correct answer to “In computing the period of limitation for an appeal:”. This question is standard in competitive examination syllabi for Limitation Act.

No subsequent disability or inability to institute a suit stops it is the correct answer to “In computing the period of limitation for any suit, once the time has begun to run,”. This question is standard in competitive examination syllabi for Limitation Act.

Order 33, Rule 5 C.P.C (Code of Civil Procedure) is the correct answer to “Under which of the following, Section 13, Limitation Act, 1963 covers the rejection of pauper application”. This question is standard in competitive examination syllabi for Limitation Act.

30 days is the correct answer to “The period of limitation for a review of the Judgement is:”. This question is standard in competitive examination syllabi for Limitation Act.

Can be made to a person other than the person entitled to the property is the correct answer to “Which is true of the acknowledgement of liability”. This question is standard in competitive examination syllabi for Limitation Act.

Three years from the date the arrears become due is the correct answer to “What is the limitation for filing a suit for recovery of arrears of rent”. This question is standard in competitive examination syllabi for Limitation Act.

30 years is the correct answer to “The period of limitation for suits relating to immovable property for foreclosure by a mortgagee is:”. This question is standard in competitive examination syllabi for Limitation Act.

Right is the correct answer to “The Law of Limitation only bars remedy, but does not extinguish the . . . . . . .”. This question is standard in competitive examination syllabi for Limitation Act.

Failure of a local body to perform its statutory functions is the correct answer to “Municipal Council, Ratlam v. Vardhichand, (1980) 4 SCC 163, is a case on”. This question is standard in competitive examination syllabi for Limitation Act.

Signed before expiration of prescribed period is the correct answer to “A fresh period of limitation shall be computed from the time when the acknowledgement was . . . . . . .”. This question is standard in competitive examination syllabi for Limitation Act.

1st January, 1964 is the correct answer to “Limitation Act came into force on”. This question is standard in competitive examination syllabi for Limitation Act.

Excluded is the correct answer to “Period spent in prosecuting the case before the Consumer Forum can be”. This question is standard in competitive examination syllabi for Limitation Act.

The amount was paid by the surety to the creditor is the correct answer to “The limitation for filing a suit, by a surety, against the principal debtor, would be 3 years from the date on which:”. This question is standard in competitive examination syllabi for Limitation Act.

Under section 15(4) is the correct answer to “Time taken in proceedings to set aside the sale, in suit for possession by a purchaser in execution, is liable to be excluded”. This question is standard in competitive examination syllabi for Limitation Act.

Application filed under sub-section (4) of Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 is the correct answer to “The period of limitation cannot be extended under Section 5 of the Limitation Act in the following proceeding”. This question is standard in competitive examination syllabi for Limitation Act.

Application is the correct answer to “Section 14 of Limitation Act, apart from the suit, is applicable to”. This question is standard in competitive examination syllabi for Limitation Act.

In the handwriting of the person concerned is the correct answer to “Which of the following is not required for a valid acknowledgement”. This question is standard in competitive examination syllabi for Limitation Act.

All of these is the correct answer to “Sub-sections (2) to (4) of the present Section 12, Limitation Act, 1963 refers specifically to which of the following types of proceedings? 1. Appeal 2. Application to leave to appeal 3. Application to revision 4. Application to review 5. Application to set aside an award”. This question is standard in competitive examination syllabi for Limitation Act.

60 days is the correct answer to “The period of limitation for setting aside a sale on execution of a decree, is”. This question is standard in competitive examination syllabi for Limitation Act.

Legal disability is the correct answer to “Section 6 of the Limitation Act is related to”. This question is standard in competitive examination syllabi for Limitation Act.

Article 227 is the correct answer to “An erroneous decision refusing to apply Section 12, Limitation Act, 1963 can be corrected under which of the following articles of the Constitution”. This question is standard in competitive examination syllabi for Limitation Act.

Indian Divorce Act is the correct answer to “Law of Limitation as considered in Limitation Act does not bar the remedy, if the suit has instituted under”. This question is standard in competitive examination syllabi for Limitation Act.

Both (A) and (B) is the correct answer to “Section 11, Limitation Act, 1963 recognises the defence based on a foreign rule of limitation only to which of the following cases”. This question is standard in competitive examination syllabi for Limitation Act.

12 years from the date when possession of the defendant becomes adverse to the plaintiff is the correct answer to “For a suit for possession of immovable property based on title, period of limitation is-”. This question is standard in competitive examination syllabi for Limitation Act.

None of the above is the correct answer to “Under section 2(1) of Limitation Act suit includes”. This question is standard in competitive examination syllabi for Limitation Act.

An appeal is the correct answer to “Section 17 of the Limitation Act does not take within its ambit”. This question is standard in competitive examination syllabi for Limitation Act.

When imprisonment ends is the correct answer to “Under the Limitation Act, the period of limitation for filing a suit for compensation for false imprisonment begins to run from the time:”. This question is standard in competitive examination syllabi for Limitation Act.