Limitation Act MCQ Quiz - Objective Question with Answer for Limitation Act - 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 1 years

 Key Points

• As per the Limitation Act, 1963, the limitation period for filing a suit for damages for malicious prosecution is provided under:
  • Article 74 of the Schedule to the Limitation Act
  • Limitation Period: 1 year
  • Commencement: From the date when the plaintiff is acquitted or the prosecution is otherwise terminated.

Additional Information

• 3 years – Applies to general suits for compensation based on contracts or torts, not malicious prosecution.
• 2 years – Not applicable to this type of claim.
• 5 years – No such limitation period exists for malicious prosecution.

The correct answer is 3 years

Key Points

• As per the Limitation Act, 1963, if no specific period is provided for a particular type of application, Article 137 of the Schedule applies.
• Article 137: For any application for which no period of limitation is provided elsewhere in the Schedule, the limitation period is 3 years from the date when the right to apply accrues.

Additional Information

• 1 year – Applicable to specific cases like appeals under some laws, not general.
• 6 months – Usually applies to certain revisions or special applications.
• At any time – Wrong; even unlisted applications are time-bound under Article 137.

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.

Correct answer is Option 1.

Key Points 

• Article 137 of the Schedule of the Limitation Act, 1963 is a residual provision.
• Article 137 of the schedule of the Limitation Act provides limitation period for any other application for which no period of limitation is provided elsewhere. In these cases, the period of limitation is provided is three years from the date on which the right to apply arose.
• "Period of limitation" is defined under section 2(j) of the Limitation Act as the period of limitation prescribed for filing of any suit, appeal or application by the Schedule. 
• "Prescribed period" is also defined under section 2(j) of the Limitation Act as the period of limitation computed in accordance with provision of the Limitation Act. The rules of Computation of period of limitation is provided in Part III, from Section 12 to Section 24 of the Limitation Act.
• The Law of limitation is an adjective law, Lex fori and procedural law.
• The bar of limitation only exhaust the remedy not the right.

The correct answer is Option 2.

Key Points

The Limitation Act, 1963

Schedule
Periods of Limitation
[See sections 2(j) and 3]

PART VII – SUITS RELATING TO TORT

The correct answer is Option 3.

Key PointsTHE SCHEDULE (PERIODS OF LIMITATION) [See sections 2(j) and 3] 

PART IV.—SUITS RELATING TO DECREES AND INSTRUMENTS

The correct answer is option 2.Key Points

• Section 3 of limitation Act 1963 deals with Bar of limitation.
• (1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.
• (2) For the purposes of this Act:
• (a) A suit is instituted,—
  • (i) In an ordinary case, when the plaint is presented to the proper officer;
  • (ii) In the case of a pauper, when his application for leave to sue as a pauper is made; and
  • (iii) In the case of a claim against a company which is being wound up by the court, when the claimant first sends in his claim to the official liquidator;
• (b) Any claim by way of a set off or a counter claim, shall be treated as a separate suit and shall be deemed to have been instituted:
  • (i) In the case of a set off, on the same date as the suit in which the set off is pleaded;
  • (ii) In the case of a counter claim, on the date on which the counter claim is made in court;
• (c) An application by notice of motion in a High Court is made when the application is presented to the proper officer of that court.

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 0ption 3 

Key PointsArticle 137 of the Limitation Act, provides for 3(three) years as a period of limitation, on an application for which no period of limitation is provided elsewhere in the division.

The correct answer is option 1.Key Points

•  Article 121 of the Limitation Act, 1963, deals with the period of limitation for filing an application to set aside an abatement under the same Code.
• According to this article, the limitation period for setting aside an abatement is 60 days from the date of abatement.
• Abatement occurs when a legal proceeding or case is terminated prematurely due to the death of a party involved. If a party wishes to revive or continue the legal proceedings after abatement, they must file an application to set aside the abatement within the prescribed time limit of 60 days from the date of abatement.

The correct answer is option 1.Key Points

•  Article 73 of the Indian Limitation Act, 1963, deals with the limitation period for seeking compensation for false imprisonment.
• According to this article, the limitation period for filing a suit for compensation for false imprisonment is one year.
• This one-year period begins from the date when the imprisonment ends.
• False imprisonment refers to the unlawful restraint or confinement of an individual without legal justification or authority. If someone has been wrongfully detained or imprisoned, they have the right to seek compensation for the harm and damages suffered as a result of the false imprisonment.

The correct answer is option 2.Key Points

•  When the prescribed period of limitation for any application is expiring on a holiday, the law allows for the application to be made on the day when the court re-opens.
• This provision ensures that individuals have a fair opportunity to file their applications and legal documents within the specified time frame, even if the last day falls on a holiday.
• Section 4 of Limitation Act 1963 deals with expiry of prescribed period when court is closed.
• Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court re-opens.
• Explanation.—A court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours it remains closed on that day.