THE LIMITATION ACT, 1963

1. Before the Limitation Act of 1963 which Limitation Act was being followed in Indian Courts and Tribunals? (a) The Limitation Act of 1859 (b) The Indian Limitation Act, 1871 (c) The Indian Limitation Act, 1908 (d) None of the above.

2. The Limitation Act, 1963 applies to

(a) proceedings before courts (b) proceedings before an executive authority (c) proceedings before a quasz'-judicial tribunal (d) all the above.

3. Period spent in prosecuting the case before the Consumer Forum can be (a) partly excluded (b) included (c) excluded (d) partly included.

4. Under the Limitation Act, 1963, the court has no...... power, outside the Act, to relieve a litigant from the provisions of the Act (a) general (b) inherent (c) over-riding (d) general or inherent or over-riding.

5. Which of the following statements is correct as regards the sections and the articles in the Limitation Act, 1963 a) the sections and the articles lay down the general principles of jurisdiction b) the sections and the articles prescribe the period of limitation A c) the sections lay . down the general principles of jurisdiction and the articles prescribe the

period of limitation applicable in matters provided therein d) the sections prescribe the period of limitation applicable in matters provided therein and

the articles lay down the general principles of jurisdiction.

6. If the money suit filed within three years from the date on which cause of action arises then the suit (a) does not relate to Limitation Act (b) is not barred by limitation (c) is barred by limitation (d) depends on application for condonation of delay.

7. The Limitation Act, 1963 applies to (a) the whole of India except the State of Jammu and Kashmir

 

 

(b) the whole of India including the State of Jammu and Kashmir I (c) the whole of India except the North Eastern States of India. (d) the whole of India except the State of Jammu and Kashmir and the North- Eastern States of India.

8. Delay in filing the suit (a) cannot be condoned (b) can be condoned under section 3, Limitation Act (c) can be condoned under Order VII, Rule 6, C.P.C. (d) can be condoned under section 5, Limitation Act.

9. Under section 2(1) of Limitation Act suit includes (a) appeal (b) application (c) both (a) and (b) (d) none of the above.

10. Under section 2(1) of Limitation Act suit includes (a) appeal (b) application (c) execution (d) none of the above.

11. Section 3 Limitation Act does not apply to (a) suits (b) appeals (c) application (d) execution.

12. Under section 3, Limitation Act, 1963, a claim by way of .......is treated as a cross-suit

(a) set-off (b) counter-claim (c) set-off or counter-claim (d) set-off and counter-claim.

13. Under section 3, Limitation Act, 1963 cross suit by way of set-off shall be deemed to

have been instituted (a) on the same day-as the suit in which set- off is pleaded has been filed (b) on the day on which the set-off is pleaded (c) either (a) or (b) whichever is beneficial to the defendant (d) either (a) or (b) whichever is beneficial to the plaintiff.

14. Counter-claim, under section 3, Limitation Act, 1963, shall be deemed to have been instituted (a) on the same day as the suit in which counter-claim is made has been filed (b) on the day on which the counter-claim is made

 

 

(c) either (a) or (b) whichever is beneficial to the defendant (d) either (a) or (b) whichever is beneficial to the plaintiff.

15. Section 3, Limitation Act, 1963, does not apply to (a) suits (b) appeals (c) applications (d) execution proceedings.

16. The provisions of section 3, Limitation Act are (a) mandatory (b) directory (c) discretionary (d) optional.

17. Under section 3, Limitation Act, 1963 the court is required to consider the question of

limitation (a) only when objection to limitation is raised by the defendant (b) only when the defendant does not confess judgment (c) only when the defendant does not admit his liability (d) suo motu even when the defendant has not taken any objection of limitation or has confessed judgment or has admitted this liability in the written statement.

18. A suitor, under section 3, Limitation Act, 1963 (a) can be relieved of the bar of limitation on the ground of hardship, mistake or injustice (b) can be relieved of the bar of limitation on the ground that its application would be inconsistent with the principles of natural justice (c) can be relieved of the bar of limitation on the ground of equitable considerations (d) cannot be relieved on the ground either (a) or (b) or (c).

19. Section 3, Limitation Act is applicable to the period of limitation prescribed by any (a) local law i (b) special law (c) both (a) and (b) (d) neither (a) nor (b).

20. Section 3, Limitation Act, 1963 is (a) an independent section in its operation and effect (b) not an independent section in its operation and effect, and is subject to and controlled by sections 4 to 24 (c) not an independent section in its operation and effect and is subject to and controlled by sections 4 to 27 (d) not an independent section in its operation and effect and in respect to and controlled by sections to 32.

 

 

21. For the purposes of section 3, Limitation Act, 1963, limitation is checked (a) when the plaint is actually presented in the proper court (b) when the plaint_ is presented even in a court not competent to try the suit (c) when the plaint in presented by the part (d) all the above. K

22. A time barred debt can be claimed (a) as a set off (b) as a counter claim (c) as a fresh suit (d) none of the above. WW

23. Under the Limitation Act, 1963, the court has no power to extend the limitation on the ground of (a) equitable considerations (b) hardship (c) necessary implication (d) either (a) or (b) or (c).

24. Section 4 of Limitation Act applies to

(a) suits (b) appeal & applications (c) both (a) and (b) (d) none of the above.

25. Section 5, Limitation Act, is

(a) applicable to the proceedings under section 34, Arbitration and Conciliation Act, 1996 and the time limit prescribed under section 34 can be extended generally (b) not applicable to the proceedings under section 34, Arbitration & Conciliation Act, 1996 and the time limit prescribed under section 34 is absolute and unextendable (c) applicable to the proceedings under section 34, Arbitration and Conciliation Act, 1996 and time limit prescribed under section 34 can be extended only in exceptional circumstances C (d) not applicable to the proceedings under section 34 Arbitration and Conciliation Act, 1996—however, the time limit prescribed under section 34 can be extended under inherent powers of the court.

26. Section 4, Limitation Act, 1963 applies where the case is governed by.

(a) the Limitation Act, 1963 (b) any local law (c) any special law (d) either (a) or (b) or (c).

 

 

27. An application for leave to contest the eviction proceedings before the Rent Controller attracts (a) section 4, Limitation Act, 1963 (b) section 10, General Clauses Act, 1897 (c) both (a) and (b) (d) either (a) or (b).

28. Section 4, Limitation Act, 1963 applies

(a) where a certain period has been prescribed by a statute _ (b) where a certain period is fixed by agreement of parties (c) where a certain date is fixed by agreement of parties (d) all the above.

29. In order to attract section 4, Limitation Act, 1963

(a) the court should be closed for the whole of the day (b) it is not necessary that the court should be closed for the whole day and it is sufficient if the court is closed during any part of its normal working hours (c) the court should be closed for substantial part of the day if not for the whole of the day (d) the court should be closed for more than half of the normal working hours.

30. The extension of time granted by section 4, Limitation Act ,1963 (a) can be combined with section 5, Limitation Act (b) can be combined with section 12, Limitation Act (c) can be combined with section 5 and section 12, Limitation Act ‘ (d) cannot be combined with section 5 and section 12, Limitation Act.

31. Section 5 of Limitation Act applies to (a) suit (b) appeal & application (c) execution (cl) all the above.

32. Section 5 of Limitation Act applies to (a) suits (b) execution of a decree (c) both (a) and (b) (d) none of the above.

33. Section 5 of Limitation Act applies to (a) suits (b) execution (c) election petitions (d) none of the above.

 

 

34. In matters of condonation of delay under section 5, Limitation Act the Government, has to be accorded (a) treatment similar to a private citizen and no latitude is permissible (b) treatment stricter than a private citizen as the Government is supposed to act in a more responsible manner (c) treatment similar to a private citizen, however, certain amount of latitude is not impermissible (d) either (a) or (b).

35. For condonation of delay under section 5, Limitation Act, 1963 (a) length of delay is the only criterion (b) length of delay is no matter, acceptability of the explanation is the only criterion (c) length of delay certainly matters apart from the acceptability of the explanation (d) either (a) or (c).

36. In the matters of condonation of delay under section 5, Limitation Act 1963, relating to Government (a) strict proof of everyday's delay by the Government should not be insisted upon (b) strict proof of everyday's delay by the Government should be insisted upon (c) strict proof of everyday's delay by the Government may not be insisted upon (d) strict proof of everyday's delay by the Government may be insisted upon.

37. In the matters of condonation of delay under section 5, Limitation Act, 1963, public institutions like banks should (a) be treated at par with private individuals (b) be treated at par with private institutions (c) be treated at par with corporate body (d) neither be treated at par with (a), nor (b), nor (c).

38. Section 5, Limitation Act 1963, can (a) be availed of for the purposes of extending the period of limitation prescribed by any local law unless such local law excludes the applicability of section 5 (b) be availed of for the purposes of extending the period of limitation prescribed by any special law unless such special law excludes the applicability of section 5 (c) not be availed for the purposes of extending the period of limitation prescribed by any local or special law unless such local or special law expressly makes section 5, Limitation Act applicable ’ (d) (a) and (b) both.

39. The delay under section 5, Limitation Act, 1963 can be condoned on (a) an oral application (b) a verbal application (c) a written application (d) either (a) or (b) or (c).

 

 

40. An application for condonation of delay under section 5, Limitation Act (a) has to be considered by the court on merits and order has to be passed with reasons (b) has to be considered by the courts on merits—however, the order need not be passed with reasons (c) has to be considered by the court on merits—however, the order may not be passed with reasons (d) has to be considered by the court on merits—however, it is discretionary for the court to pass order with or without reasons.

41. Section 6 of Limitation Act applies to (a) suits (b) execution of a decree (c) both (a) and (b) (d) none of the above.

42. Section 6 of Limitation Act does not apply to (a) suits (b) execution of a decree (c) appeal (d) all the above.

43. Section 6 of Limitation Act can be availed by (a) plaintiff(s) (b) defendant(s) (c) both (a) and (b) (d) none of the above.

44. Legal disabilities are (a) minority (b) insanity (c) idiocy (d) all the above.

45. Section 6 of Limitation Act does not apply to (a) insolvent (b) minor (c) insane (d) idiot.

46. Section 6 of Limitation Act does not apply to (a) suits (b) execution of a decree (c) suits to enforce rights of pre-emption (d) none of the above.

 

 

47. Period of limitation stands extended, by virtue of section 6 of Limitation Act for a maximum period of (a) 1 year (b) 3years (c) 6years (d) 12 years.

48. Can a plea of limitation be (a) waived by a party (b) ignored by the court (c) waived by both the parties by consent (d) none of the above.

49. Time which has begun to run can be stopped in case of (a) minority (b) insanity (c) idiocy (d) none of the above.

50. Section 6 of Limitation Act does apply in cases of (a) illness (b) poverty (c) insolvency (d) none of the above.

51. In computing the period of limitation for appeal, review or revision, the time requisite for obtaining a copy of the decree or order appealed shall be excluded under (a) section 12(1) (b) section 12(2) (c) section 13(3) (d) section 14(4).

52. In computing the period of limitation for application to set aside an award, the time requisite in obtaining a copy of the award shall be excluded under (a) section 12(1) (b) section 12(2) (c) section 12(3) (d) section 12(4).

53. Limitation for filing an appeal commences from (a) the date of judgment (b) the date of signing of the decree (c) the date of application for copy of the judgment (d) the date of availability of copy of the judgment.

 

 

54. Time requisite’ under section 12(2) of Limitation Act means (a) minimum time (b) maximum time (c) actual time taken (d) absolutely necessary time.

55. Time excluded has to be considered on the basis of (a) information available from the copy of judgment/ decree placed on record (b) information as to copies obtained by the parties for court purposes (c) information as to copies obtained by the parties for other purposes (d) information as to copies not placed on record but made available to the court.

56. Section 13 of Limitation Act applies to (a) suit filed in forma przuperis (b) appeal filed in formn pauperies (c) both (a) and (b) (d) none of the above.

57. Under section 13 of Limitation Act, the time is excluded (a) if the application for leave to sue or appeal as a pauper is allowed (b) if the application for leave to sue or appeal as a pauper is rejected (c) in both the cases (d) in none of the case.

58. Section 14 & section 5 of Limitation Act are (a) independent of each other (b) mutually exclusive of each other (c) both independent & mutually exclusive (d) neither independent nor mutually exclusive.

59. Under section 14 defect in jurisdiction must relate to (a) territorial jurisdiction (b) pecuniary jurisdiction (c) subject matter jurisdiction (d) either (a) or (b) or (c).

60. Section 15 excludes from computation of limitation (a) period of notice (b) time taken in granting previous consent (c) time taken in grant of sanction (d) all the above.

61. Section 15 does not apply to (a) suits (b) appeal (c) execution application

 

 

(d) none of the above.

62. Period during which proceedings stand stayed by an injunction or order is excluded (a) under section 14 (b) under section 15 (c) under section 13 (d) under section 16.

63. Section 15 applies to (a) suits (b) execution applications (c) both suits & execution applications (d) neither suits nor execution proceedings.

64. Time taken in proceedings to set aside the sale, in suit for possession by a purchaser in execution, is liable to be excluded (a) under section 15(4) (b) under section 15(2) (c) under section 15(3) (d) under section 15(1).

65. Section 16 applies to (a) suits to enforce rights of pre-emption (b) suits for possession of immovable property (c) suits to enforce right to a hereditary office (d) none of the above.

66. Section 17 takes within its ambit (a) frauds (b) mistakes (c) concealrnents (d) all the above.

67. Section 17, Limitation Act, 1963, does not apply to (a) criminal proceedings (b) civil proceedings (c) execution proceedings (d) both (a) and (c).

68. The fraud contemplated by section 17, Limitation Act, 1963 is that of (a) the plaintiff (b) the defendant (c) a third person (d) either (a) or (b) or (c).

 

 

69. Whether a plaintiff could with reasonable diligence have discovered the fraud or mistake under section 17, Limitation Act, is a (a) question of fact to be decided on the basis of facts disclosed in each case (b) question of law (c) mixed question of fact and law (d) substantial question of law.

70. Under section 17, Limitation Act, 1963, the limitation starts running from (a) the date of the mistake (b) the date of discovery of mistake (c) either (a) or (b), depending on the facts and circumstances of the case (d) either (a) or (b), as per the discretion of the court.

71. In case of mistake, under section 17, Limitation Act, 1963, the limitation shall start running from (a) the date of the mistake (b) the date when the mistake with due diligence could have been discovered (c) either (a) or (b), whichever is earlier (d) either (a) or (b), whichever is beneficial to u the suitor.

72. Section 17 applies to (a) suits (b) execution proceedings (c) both suits and execution proceed-ings (d) neither to suits nor to execution proceeding.

73. Section 17 does not take within its ambit (a) suits (b) appeals (c) execution application (d) all the above.

74. Under section 19, Limitation Act, 1963 (a) payment by cheque which is dishonoured on presentation amounts to part payment and shall save limitation (b) payment by cheque which is dishonoured on presentation does not amount to part payment and will not save limitation (c) mere handing over the cheque which is dishonoured on presenta—tion amounts to acknowledgment (d) either (a) or (c).

75. Which of the following is not required for a valid acknowledgement (a) in writing (b) made before the expiration of period of limitation (c) signed by the person concerned

 

 

(d) in the handwriting of the person concerned.

76. Section 22 refers to cases of (a) continuing breach of contract (b) successive breach of contract (c) both continuing & successive breaches (d) neither continuing nor successive breaches.

77. Under section 25 the easement rights are acquired by continuous & uninterrupted user (a) for 12 years (b) for 20 years (c) for 30 years (d) for 3 years.

78. Under section 25, the easement rights over the property belonging to the Government are acquired by continuous & uninterrupted user 1 (a) for 12 years (b) for 20 years (c) for 30 years (d) for 60 years.

79. A suit against the obstruction in the enjoyment of easementary rights acquired under section 25 must be filed (a) within 2 years of such obstruction (b) within 1 year of such obstruction (c) within 3 years of such obstruction (d) within 12 years of such obstruction.

80. Which is correct (a) limitation bars the judicial remedy (b) limitation extinguishes the right (c) limitation is a substantive law (d) limitation bars the extra judicial remedies.

81. Which is not correct of law of limitation (a) limitation bars the judicial remedies (b) limitation is an adjective law (c) limitation extinguishes the right (d) limitation is a procedural law.

82. Which is not correct of law of limitation

(a) limitation bars the judicial remedies (b) limitation is negative in its operation (c) limitation is a procedural law

 

 

(d) limitation bars the extra judicial remedies.

83. A suit for possession based on the right of previous possession & not on title can be filed

(a) within one year of dispossession (b) within three years of dispossession (c) within twelve years of dispossession (d) within six months of dispossession.

84. A suit for possession of immovable property based on title can be filed -

(a) within one year (b) within three years (c) within twelve years (d) within six months.

85. For a suit filed by or on behalf of Central Government or any State Government, the

period of limitation is (a) one year (b) three years (E) twelve years (d) thirty years.

86. In England, the law of limitation can be (a) waived by the party entitled to the benefit thereof (b) is indefinite & flexible (c) is variable (d) all the above.

87. Law of limitation is (a) lex loci (b) lexfori (c) non-obstante (d) all the above.

88. Under section 21, a suit is deemed to have been instituted, in case of a new plaintiff impleaded/added (a) on the date on which the new plaintiff is impleaded (b) on the date on which the suit was initially instituted (c) on the date on which the application for implea-cling a new plaintiff is made (d) none of the above.

89. Under section 21, qua a defendant a suit is deemed to have been instituted against a newly added defendant (a) on the date on which the new defendant is impleaded

 

 

(b) on the date on which the suit was initially instituted (c) on the date on which the application for impleading a new defendant is made (d) none of the above.

90. Under section 21, can the court direct the suit to have been instituted on an earlier date (a) yes, if the omission to include the party was due to a mistake made in good faith (b) yes, if the omission to include party was deliberate (c) in both (a) & (b) (d) neither (a) nor (b).

91. Section 21 does not apply in (a) cases of adding of a new plaintiff for the first time (b) cases of adding of a new defendant for the first time (c) cases of transposition of parties (d) neither (a) nor (b) nor (c).

92. Section 21 does not apply in (c) both (a) & (b) (a) cases of devolution of interest during the pendency of the ‘suit ‘ (b) cases of assignment of interest during the pendency of the suit (c) case of transposition of a plaintiff as a defendant & vice-versa (d) all the above.

93. Section 21 applies only to (a) suits (b) appeals & application (c) executions (d) all the above.

94. Law of limitation has to be strictly construed. In view of the same section 5 of Limitation Act has to be construed (a) strictly (b) liberally (c) harmoniously (d) ejusdem-generis.

95. Easementary rights under section 25 can be acquired by (a) tenant (b) a co-owner (c) both a tenant and a co-owner (d) neither a tenant nor a co-owner.

96. Section 27 of Limitation Act (a) bars the remedy (b) extinguishes the right (c) both (a) & (b)

 

 

(d) neither (a) nor (b).

97. Section 27 of Limitation Act applies to (a) suits 104. (b) appeals (c) execution application (d) all the above.

98. Section 27 of Limitation Act does not extinguish the right in (a) suits (b) appeals (c) execution application (d) all the above.

99. Section 27 of Limitation Act does not apply to cases for recovery of possession (a) where no limitation period has been prescribed (b) where the limitation period has been prescribed (c) both (a) & (b) (d) neither (a) nor (b).

100. Which is true of acknowledgements (a) extends the period of limitation » (b) confers an independent right on a person (c) confers a title on the person (d) all the above.

101. Which is true of the acknowledgement of liability (a) has to be made to the person concerned creditor (b) can be made to a person other than the person entitled to the property (c) can be made after the expiry of the period of limitation (d) has to be a promise to pay.

102. Acknowledgement after the period of limitation (a) is of no effect (b) gives rise to an independent & enforceable contract (c) both (a) & (b) (d) neither (a) nor (b).

103. Acknowledgement made after the period of limitation but before the opening of the courts during the period when the courts are closed on the last date of expiry of limitation (a) is of no effect (b) extends the period of limitation (c) gives rise to an independent reinforce able contract (<1) both (b) &(¢).

 

 

104. Acknowledgement made by a person other than a person under liability is good if (a) the person .making it is relative of the person under liability (b) the person making it is an agent of the person under liability (c) the person making it is a servant of the person under liability (d) the person making it is the master of the person under liability.

105. On acknowledgement, fresh period of limitation starts (a) from the date of signing of acknowledgement (b) from the date of expiry of initial period of limitation (c) from the date of expiry of extended period of limitation (d) from the date of delivery of document containing acknowledgement to the person concerned or any other person.

106. Under section 18(2) oral evidence of date of acknowledgement is permissible if the acknowledgement (a) is dated (b) is undated (c) date in the acknowledgement is altered (d) in all above cases.

107. Section 19 of Limitation Act applies to (a) suits for debts (b) suits for legacies (c) both (a) & (b) (d) neither (a) nor (b).

108. Under section 19 the words ‘prescribed period’ refer to (a) the period prescribed for re-payment (b) the period prescribed for limitation by the Act (c) the period prescribed for limitation under any other enactment (d) all the above.

109. Under section 19, the part payment of debt or interest has to be (a) within the period of limitation under the Act (b) within the period prescribed for repayment (c) within the period of limitation prescribed under any other enactment (d) all the above.

110. Under section 19, the part payment acknowledgement extends the period of limitation (a) from the date of expiry of initial period of limitation (b) from the date of payment (c) from the date of the writing evidencing payment (d) from the date of extended period of limitation.

 

 

111. Under section 19 for extension of period of limitation the part payment must be (a) in the handwriting of the person (b) in the writing signed by the person (c) either (a) or (b) (d) both (a) and (b)

112. Period of limitation for suits relating to accounts is

(a) 3years (b) l year (c) 1 yearto3years (d) 12 years.

113. Period of limitation for suits relating to contracts is (a) 1year (b) 1yearto3years (c) 3years (d) 12 years.

114. Period of limitation for suits relating to declarations is (a) 1year ' ‘ (b) 3years (c) 1year to3years (d) 12 years.

115. Period of limitation for suits relating to decrees & instruments is (a) 1 year (b) 1 year to 3 years (c) 3 years (d) 12 years.

116. Period of limitation for suits relating to movable property is (a) 3 years (b) 1 year to 3 years (c) 1 year (d) 12 years.

117. Period of limitation for suits relating to tort is (a) 1 year (b) 1 year to 3 years (c) 3 years (d) 12 years.

118. Period of limitation for suits relating to trusts and trust property is (a) 1 year (b) 3 years (c) 3 years to 12 years

 

 

(d) 12 years to 30 years.

119. Period of limitation for leave to appear and defend is (a) 30 days (b) 60 days (c) 90 days (d) 10 days.

120. Period of limitation for setting aside an abatement is (a) 30 days (b) 60 days (c) 10 days (d) 90 days.

121. Period of limitation for application for substitution of the legal representatives of a party to the suit is (a) 10 days ' (b) 30 days (c) 60 days (d) 90 days.

122. Period of limitation for setting aside an ex parte decree is (a) 10 days (b) 30 days (c) 60 days (d) 90 days.

123. Period of limitation for enforcement of a decree of mandatory injunction is A (a) 1 year (b) 3 years (c) 2 years (d) 12 years.

124. Period of limitation for restoration of suit is (a) 90 days (b) 60 days (c) 30 days (d) 10 days.

125. Period of limitation for execution of a decree is (a) 3 years (b) 12 years (c) 30 years (d) 60 years.

 

 

126. Period of limitation for suits relating to immovable property is (a) 3 years to 12 years (b) 12 years (c) 3 years to 30 years (d) 30 years.

127. Period of limitation for suits not specifically provided under the Schedule is (a) 1 year (b) 2years (c) 3 years (d) 12 years

128. Under section 12 of Limitation Act, the time is to be excluded (a) not without the oral prayer of the party (b) not without the written application of the party (c) by the court itself without any oral or written application (d) none of the above.

129. Under section 12(2) of Limitation Act the time taken/elapsed between the date of judgment & the date of decree (a) has to be excluded without any application for certified copy having been made during this period (b) has to be excluded only if any application for obtaining the certified copy has been made during this period (c) in both (a) & (b) (d) in neither (a) nor (b) nor (c).

130. A judgment was announced on 2-1-2002 & the decree prepared on 10-1-2002. Application for certified copy made on 5-1-2002 and the copy was ready on 15-1-2002, under section 12 the period to be excluded is (a) from 2-1-2002 to 15-1-2002 (b) from 2-1-2002 to 5-1-2002 (c) from 5-1-2002 to 10-1-2002 (d) from 5-1-2002 to 15-1-2002.

131. Section 4 of Limitation Act applies (a) only if on the opening day the 'plaint is presented before the proper court (b) even if on the opening day the plaint is not presented before the proper court (c) both (a) & (b) (d) either (a) or (b).

132. Where the party is entitled to sue in two courts of concurrent jurisdiction and one of them is closed on the last day of limitation (a) the party is bound to sue in the court which is open on the last day of limitation and the benefit of section 4 of Limitation Act shall not be available

 

 

(b) the party is not bound to sue in the court which is open on the last day of limitation and shall get the benefit of section 4 of Limitation Act notwithstanding the fact that the other court is open

(c) section 4 of Limitation Act shall not apply at all (d) none of the above.

133. Whether on a particular day, the court is open or closed within the meaning of

section 4 of Limitation Act is a (a) pure question of fact (b) pure question of law (c) mixed question of fact & law (d) either (b) or (c). K

134. Condemnation of delay under section 5 of Limitation Act (a) can be claimed as a matter of right (b) is a matter of discretion of the court (c) sufficient cause for the delay has to be shown (d) both (b) 8: (c).

135. Under section 5 of Limitation Act (a) the non-filing during the period of limitation has to be explained (b) non-filing during the entire period from the starting day of limitation till the filing of application has to be explained (c) the non-filing from the date of expiry of limitation till the date of filing has to be explained (d) either (b) or (c).

136. Under section 6 of Limitation Act, where several disabilities co-exist concurrently in

the plaintiff the time does not commence to run against him (a) till the first disability ceases to exist (b) till the two, if there are more than two, disabilities cease to exist ' (c) till all the disabilities cease to exist (d) either (a) or (b).

137. An acknowledgment (a) extinguishes the original cause of action (c) three years (d) one year.

138. The period of limitation for filing a suit to recover possession of movable or immovable property comprised in religious or charitable endowment, transferred for valuable consideration, under Article 96 of the Schedule (a) thirty years (b) twelve years (c) three years

 

 

(d) two years.

139. For a suit to enforce a right of pre-emption, the period of limitation under Article 97 of the Schedule, is (a) one year (b) two years (c) three years (d) twelve years.

140. A suit for possession of a hereditary office under Article 107 of the Schedule, can be filed within the period of limitation of (a) thirty years (b) twelve years (c) six years (d) three years.

141. A Mitakshara coparcener can file a suit to setaside alienation of ancestral property by his father, under Article 109 of the Schedule, within the period of limitation of (a) twelve years (b) one year (c) three years (d) Thirty year

142. The period of limitation for filing a suit for specific performance under Article 54 of the Schedule is (a) one year (b) three years (c) twelve years (d) thirty years.

143. For a suit to recover possession of a movable property conveyed or bequeathed in trust

and afterwards transferred by the trustee for a valuable consideration, under Article 93 of the Schedule, the period of limitation is (a) thirty years (b) one year (c) twelve years (d) thirty years.

144. A suit by a person excluded from a joint family property to enforce aright to share

therein, under Article 110‘ of the Schedule, can be filed within the period of limitation of (a) one year (b) three years (c) twelve years

 

 

(d) thirty years. -

145. A suit for arrears of maintenance can be filed within (a) one year (b) two years (c) one to three years (d) three years.

146. Under Article 112 of the Schedule, the period of limitation for filing a suit by the Central Government is (a) 3 years if relates to movable property and 12 years if relates to immovable property (b) 12 years if relates to movable property and thirty years if relates to immovable property (c) 30 years for any suit (d) 60 years for any suit.

147. The period of limitation for a review of the judgment is (a) 30 days (b) 60 days (c) 90 days (d) 180 days.

148. The period of limitation for filing a revision (a) 180 days (b) 90 days (c) 60 days (d) 30 days.

149. The period of limitation for setting aside a sale on execution of a decree, is (a) 180 days (b) 90 days (c) 60 days (d) 30 days.

150. An appreciation for special leave to appeal to the Supreme Court can be filed within (a) 30 days to 180 days depending upon the subject-matter (b) 30 days to 90 days depending upon the subject-matter (c) 60 days to 180 days depending upon the subject-matter (d) 6O days to 90 days depending upon the subject-matter.

151. The period of limitation for preferring an appeal to the court of sessions from an order of sentence is (a) 30 days (b) 60 days (c) 90 days

 

 

(d) 15 days.

152. The period of limitation for preferring an appeal to the High Court from an order of sentence, other than the sentence of death, is (a) 15 days (b) 30 days (c) 60 days (d) 90 days.

153. The period of limitation for preferring an appeal to the High Court from a decree or order, is (a) 15 days (b) 30 days (c) 6O’clays (d) 90 days.

154. The period of limitation to preter an appeal to a court other than the High Court, from any decree or order, is (a) 15 days (b) 30 days (c) 60 days (d) 90 days.

155. Where a plaintiff has been prosecuting with due diligence and in good faith, another civil proceeding, relating to the same matter in issue, in a court which, from defect of jurisdiction is unable to entertain it, the period so spent by the plaintiff is liable to be excluded in computing the , period of limitation for a suit, under (a) section 12 of Limitation Act (b) section 13 of Limitation Act (c) section 14 of Limitation Act (d) section 15 of Limitation Act.

156. Section 14 of Limitation Act applies to (a) suit (b) appeal (c) execution (d) all the above.

157. Section 14 of Limitation Act, apart from the suit, is applicable to (a) appeal (b) execution (c) application (d) none of the above

158. The benefit of section 14 of Limitation Act is available to the plaintiff (a) where a suit has been withdrawn under Order XXIII, Rule 1 of CPC without seeking

 

 

permission to file a fresh one (b) where a suit has been withdrawn under Order XXIII, Rule 1 of CPC with permission to file a fresh one (c) both (a) and (b) (d) neither (a) nor (b).

159. A judgment was passed on 10-7-2002, and the decree prepared on 25-7-2002. An

application for certified copy was made on 11-7-2002 and the certified copy was ready on 1-8-2002, and delivery of certified copy was taken on 5-8- 2002, under section 12, the period to be excluded is (a) 11-7-2002 to 1-8-2002 (b) 11-7-2002 to 5-8-2002 (c) 10-7-2002 to 1-8-2002 (d) 10-7-2002 to 5-8-2002.

160. Section 14(3) of the Limitation Act is in the nature of

(a) an exception to section 14(1) of the Limitation Act (b) an exception to Order XXIII, Rule 2 of CPC (c) an explanation to section 14(1) of Limitation Act (d) both (a) and (b);

161. Which of the following amounts to presenting a civil proceedings with "due diligence and

in good faith” within the meaning of section 14 of Limitation Act (a) failure to pay the requisite court fee found deficient (b) error of judgment in valuing a suit (c) both (a) and (b) (d) neither (a) nor (b).

162. Section 14 of Limitation Act will have no application

(a) where the suit is dismissed after adjudication on its merits (b) where the suit is dismissed because the court was unable to entertain it (c) both (a) and (b) (d) neither (a) nor (b).

163. In a suit filed by the plaintiff, the defendant in his written statement has taken the

objection of non-impalement of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is

 

 

(a) liable to be excluded on the ground that the plaintiff was prosecuting the earlier suit with due diligence and in good faith (b) not liable to be excluded as the plaintiff cannot be said to be prosecuting the earlier suit with due diligence and in good faith (c) liable to excluded under section 14(3) of Limitation Act (d) to be excluded or not to be excluded is in the discretion of the court.

164. Negotiations for settlement taking place between a claimant and a person against whom claim is made (a) bars the defendant from pleading a statute of limitation where the negotiations have led to delay in bringing the action by the claimant (b) does not debar the defendant from pleading a statute of limitation even though the negotiations have led to delay in bringing the action by the claimant (c) may bar the defendant from pleading a statue of limitation depending on the facts and circumstances of each case (d) shall bar the defendant from pleading a statute of limitation absolutely.

165. The period of limitation for a suit, to redeem or recover possession of immovable property mortgaged, by a mortgagor, is (a) 12 years (b) 30 years (c) 6 years (d) 3 years.

166. For a suit to recover surplus collections received by the mortgagee after the mortgage has been satisfied, the period of limitation is (a) 12 years (b) 30 years (c) 1 year (d) 3years.

167. A suit for foreclosure by a mortgagee can be filed within the prescribed period of limitation is (a) 30 years (b) 12 years (c) 6 years (d) 5years.

168. A suit for possession of immovable property mortgaged, can be brought by a mortgagee within a period of (a) 1 year (b) 3 years (c) 12 years (d) 30 years.

 

 

169. In which of the following cases the Calcutta High Court held that "Though" Limitation of 1 year as provided in Contempt of Courts Act, in fit case provisions of section 5 and 17 of Limitation Act can be applied by virtue of section 29(2) of Limitation Act”? (a) Subrata Kundu v. Kshiti Goswami, AIR 2010 Cal 44 (b) Nirpendra Ch. Dey v. Collector, AIR 2010 Cal 49 (c) Anma Ghosh v. Vimla, AIR 2010 Cal 62. (d) Vikashini Ghosh v. A.K. Roy, AIR 2010 Cal

170. Condonation of delay" is dealt with under (a) Section 5 of the Limitation Act (b) Section 7 of the Limitation Act (c) Section 9 of the Limitation Act (d) Section 10 of the Limitation Act.

171. Limitation Act is (a) prospective in operation (b) retrospective in operation (c) prospective as well as retrospective in operation, depending on the facts and circumstances of each case (d) prospective as well as retrospective in operation, as per the discretion of the court.

172. The Limitation Act does not apply to (a) Industrial Tribunal (b) Labour Courts (c) both (a) and (b) ’ (d) neither (a) nor (b).

173. If there is execution of decree for possession and purchaser comes on record after 12 years from date of decree and not from date of purchase of property section .............. will apply? (a) section 21(2) (b) section 21(1) (c) section 21(3) (d) section 21(4).

174. If in a case of substitution of legal heirs of respondent, a prayer for setting aside abatement is implicit, the separate application for setting aside abatement (a) not necessary (b) necessary (c) conditional. (d) none of the above.

175. If a plaintiff takes possession of disputed shop by way of part performance, it is not open to him to take plea that he acquired title by (a) adverse possession

 

 

(b) physical possession. (c) corporeal possession. (d) exclusive possession.

 

 

ANSWERS

1. (c) 36 (a) 71 (c) 106 (b) 141 (a) 2. (a)  37 (d) 72 (c) 107 (c) 142 (b) 3. (c)  38 (d) 73 (b) 108 (b) 143 (a) 4. (d) 39 (c) 74 (b) 109 (a) 144 (c) 5. (c)  40 (a) 75 (d) 110 (b) 145 (d) 6. (b)  41 (c) 76 (a) 111 (c) 146 (c) 7. (a)  42 (c) 77 (b) 112 (a) 147 (a) 8. (c)  43 (a) 78 (c) 113 (c) 148 (b) 9. (d)  44 (d) 79 (a) 114 (b) 149 (c) 10. (d) 45 (a) 80 (a) 115 (c) 150 (d) 11. (d)  46 (c) 81 (c) 116 (a) 151 (a) 12. (c)  47 (b) 82 (d) 117 (b) 152 (c) 13. (a)  48 (d) 83 (c) 118 (c) 153 (d) 14. (b)  49 (d) 84 (c) 119 (d) 154 (b) 15. (d) 50 (d) 85 (d) 120 (b) 155 (c) 16. (a)  51 (b) 86 (d) 121 (d) 156 (a) 17. (d)  52 (d) 87 (b) 122 (b) 157 (c) 18. (d) 53 (a) 88 (a) 123 (b) 158 (b) 19. (c)  54 (c) 89 (a) 124 (c) 159 (a) 20. (b)  55 (a) 90 (a) 125 (b) 160 (b) 21. (a)  56 (a) 91 (c) 126 (c) 161 (d) 22. (d)  57 (b) 92 (d) 127 (c) 162 (a) 23. (d)  58 (d) 93 (a) 128 (c) 163 (b) 24. (c)  59 (d) 94 (b) 129 (a) 164 (b) 25. (b)  60 (d) 95 (d) 130 (d) 165 (b) 26. (d) 61 (b) 96 (c) 131 (a) 166 (d) 27. (b)  62 (b) 97 (a) 132 (b) 167 (a) 28. (a)  63 (c) 98 (c) 133 (a) 168 (c) 29. (b)  64 (a) 99 (a) 134 (d) 169 (a) 30. (b)  65 (d) 100 (a) 135 (c) 170 (a) 31. (b)  66 (d) 101 (b) 136 (c) 171 (b) 32. (d)  67 (a) 102 (a) 137 (c) 172 (c) 33. (d)  68 (b) 103 (a) 138 (b) 173 (a) 34. (c) 69 (a) 104 (b) 139 (c) 174 (a) 35. (b)  70 (b) 105 (a) 140 (b) 175 (a)

The answers are suggestive. Kindly verify from the basic documents, statutes, judgments, gazette notifications or recommended text books to remove any doubt or clearance.