Computation Of Period Of Limitation MCQ Quiz in తెలుగు - Objective Question with Answer for Computation Of Period Of Limitation - ముఫ్త్ [PDF] డౌన్‌లోడ్ కరెన్

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 '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 'All three are correct.'

Key Points

• Continuing Breach of Contract and Continuing Tort under the Limitation Act (Section 22 of the Limitation Act):
  • The Limitation Act provides that in cases of continuing breach of contract or continuing tort, a fresh period of limitation begins to run at every moment during which the breach or tort continues.
  • The test to determine this is whether the wrong is a continuing one, not whether the right is a continuing right.
  • It is crucial to understand that a continuing breach is different from successive breaches. A continuing breach implies a single ongoing violation, whereas successive breaches involve distinct, separate violations.

Additional Information

• Explanation of Incorrect Options:
  • Only I and II are correct: This option is incorrect because it excludes the fact that a continuing breach is different from successive breaches, which is also a correct statement.
  • Only II and III are correct: This option is incorrect because it excludes the point that a fresh period of limitation begins to run during the continuance of the breach or tort.
  • Only I and III are correct: This option is incorrect because it excludes the test of whether the wrong is a continuing wrong, not whether the right is a continuing right.

The correct option is '(iv) (i) (iii) (ii)'.

Key Points

• Effect of fraud or mistake - Section 17.
  • Section 17 of the Limitation Act deals with the effect of fraud or mistake on the period of limitation.
  • If the fraud or mistake is discovered, the period of limitation starts from the date of such discovery.
• Suit in forma pauperis - Section 13.
  • Section 13 of the Limitation Act addresses the situation when a pauper is allowed to institute a suit without payment of the court fees.
  • This section provides for the exclusion of the time during which the application for permission to sue as a pauper was being prosecuted.
• Defect in jurisdiction - Section 14.
  • Section 14 of the Limitation Act provides for the exclusion of time in cases where the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or an appeal, against the defendant, if 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.
• Bar of limitation - Section 3.
  • Section 3 of the Limitation Act is the section that imposes the bar of limitation on any suit, appeal, or application after the prescribed period.
  • This section mandates that every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as a defense.

Therefore the correct pairing is:

a) Effect of fraud or mistake - Sec. 17

b) Suit in forma pauperis - Sec. 13

c) Defect in jurisdiction - Sec. 14

d) Bar of limitation - Sec. 3

The correct answer is Section 6.

Key Points

• Section 6 of the Limitation Act, 1963, provides for Legal disability.
• It states that —(1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified there for in the third column of the Schedule.
  (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 time so specified.
  (3) Where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified.
  (4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained sub-sections (1) and (2) shall apply.
  (5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died.
  Explanation.—For the purposes of this section, ‘minor’ includes a child in the womb.

The correct answer is All of these

Key PointsSection 6. Legal disability.—(1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified there for in the third column of the Schedule.
(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 time so specified.
(3) Where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified.
(4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained sub-sections (1) and (2) shall apply.
(5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died.
Explanation.—For the purposes of this section, ‘minor’ includes a child in the womb.

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 Option 2

Key Points Section 14 of the Limitation Act outlines the conditions under which the time spent in prosecuting another civil proceeding is excluded for the computation of the period of limitation. It applies when the plaintiff, with due diligence, pursues a civil proceeding in a court of first instance, appeal, or revision. The exclusion is granted if the proceeding is related to the same matter in issue, is prosecuted in good faith, and the court is unable to entertain it due to a defect in jurisdiction or a similar cause. Option B accurately captures these conditions as outlined in the section.