Raj JLO - Law of Limitation
Raj JLO - Law of Limitation
Raj JLO - Law of Limitation
Law of Limitation
1. All instruments for the purpose of Limitation Act, 1963 shall be deemed to be made with
reference to -
(a) The receipt of the rent or produce of such land in case where mortgaged land is in the possession
of the mortgagee, shall not be deemed to be payment under section 19
(b) Debt under section 19 does not include money payable under a decree or order of a Court
(a) appeal
(b) application
(c) execution
(a) suits
(b) appeals
(c) applications
(d) execution
(a) set-off
(b) counter-claim
(a) minor
(b) idiot
2
9. Section 6 of Limitation Act does not apply to
(a) suits
10. Period of limitation stands extended, by virtue of section 6 of Limitation Act for a maximum
period of
(a) 1 year
(b) 3 years
(c) 6 years
(d) 12 years.
(a) minority
(b) insanity
(c) idiocy
12. 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
3
13. 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
15. Where a suit is filed against a fraud committed by a defendant, the period of limitation for
institution of such suits shall –
(a) begin to run from the date of commission of fraud
(b) begin to run from the time the court fees are paid
(c) not begin to run until Plaintiff has discovered the fraud or mistake
(d) not begin to run until Plaintiff or Applicant has discovered the fraud or mistake or could, with
reasonable diligence, have discovered it.
(a) within 3 years from the date when the right to sue first accrues
4
(a) suit filed in forma pauperis
(a) suits
(b) appeal
21. Period during which proceedings stand stayed by an injunction or order is excluded
5
(c) under section 13
(a) suits
23. Time taken in proceedings to set aside the sale, in suit for possession by a purchaser in
execution, is liable to be excluded
(a) frauds
(b) mistakes
(c) concealments
6
(d) all the above
27. The fraud contemplated by section 17, Limitation Act, 1963 is that of
(a) Sections 25 and 26 deals with the direct acquisition of rights to easements by adverse possession
(b) Section 27 deals with the indirect acquisition of the ownership of corporeal property by
possession
30. In a suit for execution wherein a receiver or interim receiver is appointed, the period of
limitation to be calculated shall be –
7
(a) the period beginning with the date of institution of such proceeding
(b) the period of 3 months from the date of appointment of such receiver or liquidator
(c) the period beginning with the date of institution of such proceeding for a period of 2 years
(d) None of the above
31. In which of the following cases, oral evidence of an acknowledgement in writing may be given?
(a) oral evidence may be given when the writing containing the acknowledgment is undated
(b) may be given of the time when it was signed and not be given of the contents
32. Which of the following is true with respect to the declaration relating to an alleged adoption?
(a) The period of limitation to file a suit for declaration relating to alleged adoption is one year
(b)The period of limitation begins when the alleged adoption becomes known to the plaintiff
(c) The period of limitation begins when the alleged adoption takes place
33. The period of limitation in a suit filed against a carrier for compensation for non-delivery of or
delay in delivering goods –
(b) is three years from the date when the loss or injury occurs
(c) is three years from the date of contract for delivery of goods
34. The period of limitation in a suit for compensation for malicious prosecution-
(b) is one year from the date when the plaintiff is convicted
(c) is one year from the date when the prosecution is otherwise terminated
8
(d) Either (b) or (c)
35. In a suit, the period of limitation for recording an adjustment or satisfaction of a decree is –
(a)thirty days from the date when the payment or adjustment is made
(b) sixty days from the date when the payment or adjustment is made
(c) ninety days from the date when the payment or adjustment is made
36. Under section 25, the easement rights are acquired by continuous & uninterrupted user
37. Under section 25, the easement rights over the property belonging to the Government are
acquired by continuous & uninterrupted user
(a) The period of limitation for leave to appeal as a pauper to the High Court is sixty days from the
date of decree appealed from
(b) The period of limitation for leave to appeal as a pauper to any other Court is thirty days from the
date of decree appealed from
9
39.The period of limitation in case of review to any Court, other than the Supreme Court -
(a) is thirty days from the date of the decree or order of sentence sought to be reviewed
(b) is sixty days from the date of the decree or order of sentence sought to be reviewed
(c) is ninety days from the date of the decree or order of sentence sought to be reviewed
(d) is one year from the date of the decree or order of sentence sought to be reviewed
40. A suit for possession of immovable property based on title can be filed -
41. For a suit filed by or on behalf of Central Government or any State Government, the period of
limitation is -
42. Under section 21, a suit is deemed to have been instituted, in case of a new plaintiff
impleaded/added -
(c) on the date on which the application for impleading a new plaintiff is made
43. Section 12 provides for exclusion of time in legal proceedings. Such proceedings are related to –
10
(a) Application for Revision of Judgment
44. In computing the period of limitation in case of a pauper suit, the application for leave to sue as
a pauper -
45. The Court shall exclude the time during which the plaintiff has been prosecuting with due
diligence another civil proceeding where –
(a) the proceeding does not relate to the same matter in issue
(b) the proceeding is prosecuted in good faith by the Court on account of defect in jurisdiction
(c) in the earlier proceeding the suit was dismissed after hearing on merits
46. Which of the following shall be excluded from the time during which an injunction order is
passed in a suit for execution?
11
(c) both (a) and (b)
(a) the time during which a proceeding to set aside the sale has been prosecuted shall be excluded
(b) the time during which the defendant has been absent from India and from the territories outside
India under the administration of the Central Government shall be excluded
(c) the time during which the execution proceedings are stayed by an order of injunction are to be
excluded
(a) Section 17
(b) Section 16
(c) Section 18
(d) Section 19
(a) pauper
(c) insolvents
51. Where a suit is filed against a fraud committed by a defendant, the period of limitation for
institution of such suits shall –
(b) begin to run from the time the court fees are paid
(c) begin to run from the time the defendant has discovered the fraud or mistake
12
52. The Court is empowered to extend the time for execution of a decree or order under section 17-
(a) upon the application made by the Judgment creditor before expiry of the period of
limitation
(b) in case where the judgment debtor has, by fraud or force, prevented the execution of a decree or
order within the limitation
(c) Such application must be made within one year from the date of the discovery of the fraud or the
cessation of the force, as the case may be
53. In which of the following cases, oral evidence of an acknowledgement in writing may be given?
(a) oral evidence may be given of the time when it was signed
(b) oral evidence may be given of the time when it was signed and not be given of the contents
(d) oral evidence cannot be given of time when the acknowledgment was signed and of the contents
54. Under section 18, an application for the execution of a decree or order –
(a) In the case of a continuing breach of contract, a fresh period of limitation begins to run at every
moment of the time during which the breach continues
(b) In the case of a suit for compensation for an act which does not give rise to a cause of action
unless some specific injury actually results therefrom, the period of limitation shall be computed
from the time when the injury results
58. The period of limitation in case of a suit for specific performance of the contract –
(a) is three years from the date fixed for the performance
(b) is one year from the date when the plaintiff has notice that performance is refused
59. Under the Act, the term "applicant" has been defined to include-
(a) a petitioner
(b) any person from or through whom an applicant derives his right to apply
(c) any person whose estate is represented by the applicant as executor, administrator or other
representative
(a) The term application has not been defined under the Act
14
(c) The term "application" excludes a petition
(a) a hundi
(b) a cheque
62. The term "bond" includes any instrument whereby a person obliges himself to pay money to
another, on condition that the obligation shall be _____ if a specified act is performed, or is not
performed, as the case may be
(a)Void
(b) Valid
(c) Voidable
(a) any person from or through whom a defendant derives his liability to be sued
(b) any person whose estate is represented by the defendant as executor, administrator or other
representative
(b)Section 2(f)
15
65. Which of the following is true?
(a) The term good faith is not defined under the Act
(b) The term good faith is defined as nothing shall be deemed to be done in good faith which is not
done with due care and attention
(c) The term good faith is defined as nothing shall be deemed to be done in good faith which is not
done with due care or attention
(a) any person from or through whom a plaintiff derives his right to sue;
(b) any person whose estate is represented by the plaintiff as executor, administrator or other
representative
(b) The term "period of limitation" means the period of limitation prescribed for any suit, appeal or
application by the Schedule
(c) The term "prescribed period" means the period of limitation computed in accordance with the
provisions of this Act
(b)Section 2(k)
69. Under the Act, "tort" means a civil wrong which is not exclusively the
16
(a) breach of a contract or the breach of a trust
(a) a benamidar
(b) a mortgagee remaining in possession after the mortgage has been satisfied
(a) 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.
(b) A court shall be deemed to be closed on any day if during any part of its normal working hours it
remains closed on that day
72. Which section of the Act provides for extension of prescribed period in certain cases.
(a) Section 4
(b) Section 5
(c) Section 6
(d) Section 8
73. The period of limitation in case of a suit for an account and a share of the profits of a dissolved
partnership is –
17
(b) One year from the date of the dissolution.
(a) Part I
(b)Part II
(d) Part IV
(a) Part I
(b)Part II
(d) Part IV
(c) Three years from the end of the voyage during which the wages are earned.
77. The period of limitation in case of a suit by a surety against the principal debtor’s is –
(d) Three years from the date when the surety pays the creditor
18
(a) Two years
79. The period of limitation in case of a suit for the profits of immovable property belonging to the
plaintiff which have been wrongfully received by the defendant is –
(c) Three years from the date when the arrears become due.
(a) Part I
(b)Part II
(d) Part IV
82. The period of limitation in case of a suit to declare the forgery of an instrument issued or
registered is –
19
(d) Ten Years
83. The period of limitation in case of a suit to obtain any other declaration is –
(d) Three years from the date when the right to sue first accrues
84. The period of limitation in case of a suit to cancel or set aside an instrument or decree or for the
rescission of a contract is –
85. Which of the following provides for Suits relating to Decrees and Instruments ?
(a) Part I
(b)Part II
(d) Part IV
86. Which of the following provides for Suits relating to Immovable Property?
(a) Part I
(b)Part II
(c) Part IV
(d) Part V
87. The period of limitation in case of a suit by a mortgagor to redeem or recover possession of
immovable property mortgaged is –
20
(a) Two years
88. The period of limitation in case of a suit to recover possession of immovable property
mortgaged and afterwards transferred by the mortgagee for a valuable consideration is –
89. The period of limitation in case of a suit to enforce payment of money secured by a mortgage or
otherwise charged upon immovable property is –
(a) Two years from the date when the money sued for becomes due
(b) One year from the date when the money sued for becomes due
(c) Three years from the date when the money sued for becomes due
(d)Twelve years from the date when the money sued for becomes due
91. The period of limitation in case of a suit by a mortgagee for possession of immovable property
mortgaged is –
21
(c) Three years
92. The period of limitation in case of a suit for possession of immovable property based on
previous possession and not on title, when the plaintiff while in possession of the property has been
dispossessed is –
93. The period of limitation in case of a suit by a landlord to recover possession from a tenant is –
94. Which of the following provides for Suits relating to Movable Property?
(a) Part I
(b)Part V
(d) Part VI
95. The period of limitation in case of a suit for compensation for false imprisonment is –
(a) Two years from the date when the imprisonment ends
(b) Six Years from the date when the imprisonment ends
(c) One year from the date when the imprisonment ends
(d) Three years from the date when the imprisonment ends
96. The period of limitation in case of a suit for compensation for libel is –
22
(a) Two years from the date when the libel is published
(b) One year from the date when the libel is published
(c) Three years from the date when the libel is published
(d) Three years from the date when the surety pays the creditor
97. The period of limitation in case of a suit for compensation for slander is –
98. The period of limitation in case of a suit for compensation for wrongful seizure of movable
property under legal process is –
99. The period of limitation in case of a suit for compensation for diverting a water-course is –
100. The period of limitation in case of a suit for compensation for trespass upon immovable
property is –
23
(d) Three years from the date of the trespass
24