Computation Of Period Of Limitation MCQ Quiz - Objective Question with Answer for Computation Of Period Of Limitation - Download Free PDF

The correct answer is Section 21

Key Points

• Section 21 of the Limitation Act, 1963 deals with the effect of substituting or adding a new plaintiff or defendant in a suit after it has been instituted.
• As per Section 21(1), when a new party is added or substituted, the suit is deemed to have been instituted against that party on the date of such addition, not the original filing date, unless the court directs otherwise and is satisfied that the omission was due to a mistake made in good faith.

Additional Information

• Section 18 – Deals with acknowledgment in writing and its effect on limitation.
• Section 19 – Covers the effect of part-payment of debt or interest on limitation.
• Section 20 – Applies to acknowledgment or payment by an agent or manager.

The correct answer is All the above

Key Points

• Section 17 of the Limitation Act, 1963 deals with the effect of fraud, mistake, or concealment on the computation of the limitation period.
• It states that when:
  • Fraud is committed,
  • A mistake has occurred, or
  • There is concealment of a right or document,
• then the limitation period starts from the date the fraud, mistake, or concealment is discovered (or could have been discovered with reasonable diligence), not from the original date of the cause of action.
• Hence, Section 17 covers:
  • Fraud
  • Mistake
  • Concealment
  • All are included.

The correct answer is Depends upon the circumstances

Key Points

• The Limitation Act, 1963 does not provide a fixed universal rule for when the limitation period starts in every situation involving return of plaints. The starting point of limitation depends on the facts and procedural circumstances of each case.
• For example:
  • If a plaint is returned under Order VII Rule 10 CPC for presentation to the proper court, and it is refiled in the correct court:
  • Section 14 of the Limitation Act may allow exclusion of the time spent in the wrong court if the previous proceeding was pursued in good faith.
• Thus, it depends on the circumstances — such as:
  • When the cause of action arose,
  • When the suit was first filed,
  • When it was returned,
  • When it was refiled,
  • And whether the benefit of Section 14 is available.

Additional Information

• Date the plaint is returned – Not always; exclusion under Section 14 may apply.
• Date of the order which plaint is directed to be returned – Also not fixed as starting point.
• None of the above –  Too broad; the correct legal view is more nuanced.

The correct answer is Optiion 3.

Key Points

•  Under Section 18 of the Limitation Act, 1963, an acknowledgment of liability in writing, signed by the party against whom the claim is made, before the expiration of the prescribed period of limitation, provides a fresh period of limitation starting from the date of acknowledgment.
• However, if the acknowledgment is made after the period of limitation has already expired, it does not revive the limitation period unless specific legal provisions apply. In normal circumstances, only acknowledgments made within the original limitation period restart the clock for a fresh period.
• Sampuran Singh v. Niranjan Kaur (1999) The Supreme Court clarified that acknowledgement must occur within the limitation period to extend it. Any acknowledgement made after the expiration of the limitation period doesn't revive the debt, thereby reinforcing the importance of timely acknowledgement.

The correct answer is 'On the day when the Court re-opens.'

Key Points

• Overview of Limitation Period:
  • The Limitation Act, 1963 governs the time period within which legal proceedings must be initiated.
  • It aims to ensure that cases are brought to court within a reasonable time frame, preventing prolonged uncertainty.
• Prescribed Period Expiring on a Holiday (Section 4 of the Limitation Act):
  • If the last day of the prescribed period for filing a suit or application falls on a holiday, the concerned party may file the suit or application on the day the court re-opens.
  • This provision ensures that individuals are not unfairly disadvantaged by the closure of the court on the last day of the limitation period.

Additional Information

• A day prior to that holiday:
  • This option is incorrect as the law does not require the application to be filed a day before the holiday.
  • The provision specifically allows for filing on the day the court re-opens, not before.
• Within 30 days of re-opening of the court:
  • This option is incorrect as it allows for an extended period that is not stipulated by the law.
  • The law requires filing on the immediate day the court re-opens, not within a specified number of days.
• Within 45 days of re-opening of the court:
  • This option is also incorrect for similar reasons as the previous one, extending the period beyond what the law permits.
  • The law is specific about the immediate re-opening day, not an extended time frame.

The correct answer is option 1Key Points

• Acknowledgment after the expiration of the period prescribed under the Indian Limitation Act, 1963, for a suit or application Is of no effect.
• Section 18 of Limitation Act 1963 deals with effect of acknowledgment in writing.
• (1) Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.
• (2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received.
• Explanation.—For the purposes of this section:
  • (a) An acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set off, or is addressed to a person other than a person entitled to the property or right,
  • (b) The word “signed” means signed either personally or by an agent duly authorised in this behalf, and
  • (c) An application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right.

 

The correct answer is option 2.

Key Points

•  Section 12 of Act says Exclusion of time in legal proceedings.—(1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded.
  (2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded.
  (3) Where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment shall also be excluded.
  (4) In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.
  Explanation.—In computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order before an application for a copy thereof is made shall not be excluded.
• Exclusion of the Day of Judgment Pronouncement: The day on which the judgment (from which the appeal is being made) was officially pronounced or delivered is not counted as part of the limitation period. This means that the countdown for the limitation period starts the day after the judgment is pronounced. This provision ensures that the entire day of judgment is not counted against the aggrieved party, giving them the full statutory period to file an appeal.

  Exclusion of Time Requisite for Obtaining a Copy of the Decree: The second part of the sentence acknowledges that an appellant needs a certified copy of the decree, sentence, or order to file an appeal. Recognizing the practical necessity of obtaining these documents, the law allows the exclusion of the time taken to obtain the certified copy of the decree or order from the computation of the limitation period. This provision ensures that administrative delays in obtaining necessary documents do not disadvantage the appellants.

The correct answer is : 3 years from 01.11.2014

3 Years from 1.11.2014, for the reason the bill was payable on 01.11.2014 and the Limitation period for the same is 3 years. 

The correct answer is option 1.

Key Points

•  Specifically, this is covered under Section 6 of the Specific Relief Act, 1963, in India.
• Section 6 of the Specific Relief Act deals with a suit by a person who is dispossessed of immovable property without his consent and without the authority of law. The key feature of this provision is its stipulation regarding the time frame within which such a suit must be filed to recover possession.
• According to Section 6, the suit must be instituted within six months from the date of dispossession.
• Furthermore, the section makes it clear that this remedy is available regardless of any title claim – that is, the legality of the possession is not questioned at this stage. The act's emphasis is on the restoration of possession to the party dispossessed unlawfully or without their consent.

•  Here is a more detailed explanation of Section 6 of the Specific Relief Act, 1963:

• Section 6(1) provides a summary procedure for a person who has been dispossessed of immovable property without his consent and otherwise than in due course of law, to recover possession thereof, notwithstanding any other title that may be set forth in such a suit.

• Section 6 sub-section (2) importantly restricts the time within which such a suit should be filed to six months from the date of dispossession.

• This provision underscores the act's focus on providing a swift remedy against wrongful dispossession of immovable property, reflecting the legislature's intent to address such dispossession urgently, considering the potential hardships and disruptions it causes to the aggrieved party.

• It's important to note that Section 6 does not protect or ascertain the legality of the claimant's possession but merely offers a rapid mechanism to address the act of dispossession itself. For questions regarding the rightful ownership or legal title to the property, parties would have to pursue other legal avenues beyond the scope of Section 6 of the Specific Relief Act.

Explanation: Article 65 of Limitation Act provides for a period of limitation for institution of a suit for possession of immovable property or any interest therein based on title. The said suit shall be filed within 12 years from the date when the possession of the defendant becomes adverse to the plaintiff. Here, the main relief is possession of the immovable property. 

Explanation: Section 6, 7 and 8 of the Act are not mutually exclusive, rather Section 7 and 8 are extension of Section 6, thus are complementary to each other. Section 6 talks about legal disability, whereas Section 7 talks about disability of one of several defendants. Section 8 provides special exceptions. 

The correct answer is option 1.Key Points

• Section 5 provides extension of prescribed period in certain cases.
• Any appeal or any application, not an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908, may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.
• Explanation- The fact that the appellant or the applicant was missed by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.
• Section 2 (b) says that “Application” includes a petition.

The correct answer is Option 1.

Key PointsSection 14 in The Limitation Act, 1963
Exclusion of time of proceeding bona fide in court without jurisdiction. —Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule 1 of that Order where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a like nature.

Explanation.— For the purposes of this section,—
(a) in excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted;
(b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding;
(c) misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction.

The correct answer is option 1Key Points

• Acknowledgment after the expiration of the period prescribed under the Indian Limitation Act, 1963, for a suit or application Is of no effect.
• Section 18 of Limitation Act 1963 deals with effect of acknowledgment in writing.
• (1) Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.
• (2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received.
• Explanation.—For the purposes of this section:
  • (a) An acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set off, or is addressed to a person other than a person entitled to the property or right,
  • (b) The word “signed” means signed either personally or by an agent duly authorised in this behalf, and
  • (c) An application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right.

 

Section 13 of Limitation Act talks about the exclusion of time in cases where leave to sue or appeal as a pauper is applied for.