Limitation Of Suits, Appeals And Applications MCQ Quiz in मल्याळम - Objective Question with Answer for Limitation Of Suits, Appeals And Applications - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is Both independent and not mutually exclusive

Key Points

• Section 3 provides for the Bar of limitation.
• It states that —(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.
• Section14 - Exclusion of time of proceeding bona fide in court without jurisdiction—(1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. (2) In computing the period of limitation for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it.
  (3) 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 Option2

Key Points

• The statement "Delay in filing suit cannot be condoned" refers to the principle that, in legal proceedings, if a party does not file a lawsuit within a specified period, known as the "limitation period" or "statute of limitations," the delay in filing such a suit typically cannot be forgiven or overlooked, and the right to sue is effectively lost.
• However, it’s important to note that there are certain exceptions and legal provisions in many jurisdictions that allow for the condonation (forgiveness) of delay under specific circumstances if the party can convincingly demonstrate a justifiable reason for the delay.
• This is generally considered on a case-by-case basis, and the decision to condone the delay rests with the discretion of the court. Factors such as the reason for the delay, the length of the delay, prejudice to the opposite party, and the overall interests of justice are typically considered.

The correct answer is On the day on which the counter- claim is made in Court.

Key Points

• Section 3 of the Limitation Act, 1963, provides for the Bar of limitation.
• It states that —(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 3.

Key Points

•  As per section 3 of the Act, 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.
• According to this rule, if a suit is initiated after the specified or prescribed period mentioned in the Limitation Act, the court has the authority and obligation to dismiss the suit, even if the defence of limitation has not been explicitly raised.
• The law sets a clear time limit within which legal actions must be initiated. Failure to adhere to this limit creates a legal bar to the claim, irrespective of whether the defendant raises the defence or not.
• The limitation period serves the interest of justice by promoting legal certainty and fairness. Allowing claims to be raised indefinitely would create uncertainty and prejudice

Section 6(2) - Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the times so specified.

Refer Section 6 of the Limitation Act, 1963

Section 6 does not provide for a fresh starting point of limitation and nor does it prevent running of limitation. It only extends the period of limitation. 

Refer Section 5 of the Limitation Act, 1963 Section 5. Extension of prescribed period in certain cases.

Refer Section 5 of the Limitation Act, 1963

Section 5. Extension of prescribed period in certain cases.

The Supreme Court in Collector Land Acquisition, Anantnag v. Katiji, AIR 1987 SC 1353 laid down the guiding principles for deciding an application under Section 5 of the Limitation Act, 1963 - Extension of prescribed period in certain cases.

The correct answer is Insolvency

Key Points Section 6 of the Limitation Act, 1963 deals with three kinds of legal disability-Minority', 'Insanity', 'Idiocy'

Section 6 of the Limitation Act stipulates that the progression of the limitation period does not apply to minors, insane persons, and idiots, effectively exempting them from the constraints of time limits prescribed by law for initiating lawsuits or executing orders. This provision underscores the protection afforded to individuals with disabilities, allowing them an extension of time beyond the prescribed period, calculated from the moment their disability ceases, albeit within the upper limit outlined in Section 8.

• Key Aspects of Section 6:
  • Exemptions for Certain Disabilities: Minors, insane individuals, and idiots are granted exemptions under Section 6, enabling them to commence legal actions or apply for the execution of orders once their disability has ended. The calculation of the limitation period starts afresh from the date their disability ceased.
  • Application and Scope: This section is specifically applicable in cases initiated by a person with a disability and does not extend to cases against them. It is essential that the disability exists at the moment the limitation period is under consideration, and the relevant suit or application pertains to existing proceedings. Moreover, the limitation period must be explicitly mentioned in the third column of the schedule to the Limitation Act.
  • Limitations and Exclusions: The provision does not extend to minors seeking to file an appeal but is restricted to suits or applications for executing orders.

It does not apply to applications under Order 21, Rule 90 of the CPC 1908 for setting aside an auction sale executed in its favor nor to applications for reinstatement of an appeal as per Order 41 Rule 10 of the CPC.
Bringing on record the legal representative of a deceased party is outside the scope of this section.
Applications aimed at obtaining a final decree in a mortgage suit, which are not considered execution applications for the preliminary decree for sale, do not fall under this section. Similarly, applications for supplementary decrees under Order 34, Rule 6 are not covered.
Applications under Specific Acts: Claims under Section 110-A of the Motor Vehicle Act 1939 are within the ambit of Section 6 of the Limitation Act, as these are treated akin to suits under the CPC.This section effectively allows certain individuals with disabilities more leeway in pursuing legal remedies, ensuring the law accommodates their unique circumstances