OBJECTIVE SAMPLE QUESTIONS ON LIMITATION ACT, 1963

Write the correct answer amongst the options

1- Application includes

Writ Petition

Interlocutory application

Petition for restoration of suit

Above all

2-Suit does not include an appeal or an application in Limitation Act

True

False

Cannot be said

Not a subject matter of limitation act

3-The Limitation Act, 1963 applies to

proceedings before courts
Suit before courts
Complaint before Magistrate under Negotiable Instrument Act
all the above.

4-The period spent in prosecuting the case before the Consumer Forum can be

partly excluded

included

excluded

partly included.

5- Under the Limitation Act, 1963, the court has no… power, outside the Act, to relieve a litigant from the provisions of the Act

general

inherent

over-riding

general or inherent or over-riding.

6- Limitation Act can be applied

Before Criminal Court
Before Tribunal
Before Writ Court
Above all are true

7- If the money suit filed within three years from the date on which cause of action arises then the suit

does not relate to Limitation Act

is not barred by limitation

is barred by limitation

depends on application for condonation of delay.

8- The Limitation Act, 1963 applies to

Civil suit

partition suit

matrimonial proceeding

in an application u/s 12 of the Domestic violence act

All four answers are correct
Only first three is correct

9- Delay in filing the suit

cannot be condoned

can be condoned under section 3, Limitation Act

can be condoned under Order VII, Rule 6, C.P.C.

can be condoned under section 5, Limitation Act.

10- Under section 2(1) of Limitation Act suit includes

appeal

application

both (a) and (b)

none of the above.

11- Under section 2(1) of Limitation Act suit includes

appeal

application

execution petition

none of the above.

12- All instruments for the purpose of Limitation Act, 1963 shall be deemed to be made with reference to

Gregorian Calendar

English Calendar

Roman Calendar

Indian National Calendar.

13- Which of the following statements is correct as regards the sections and the articles in the Limitation Act, 1963

the sections and the articles lay down the general principles of jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case.

the sections and the articles prescribe the period of limitation

the sections lay down the general principles of jurisdiction and the articles prescribe the period of limitation applicable in matters provided therein

the sections prescribe the period of limitation applicable in matters provided therein ana the articles lay down the general principles of jurisdiction.

14- Section 3 Limitation Act does not apply to

suits

appeals

application

execution petition

15- Under section 3, Limitation Act, 1963, a claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. by way of is treated as a cross-suit

set-off

counter-claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based.

set-off or counter-claim

set-off and counter-claim.

16- Under section 3, Limitation Act, 1963 cross suit by way of set-off shall be deemed to have been instituted

on the same day as the suit in which setoff is pleaded has been filed

on the day on which the set-off is pleaded

either (a) or (b) whichever is beneficial to the defendant

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

17- Counter-claim, under section 3, Limitation Act, 1963, shall be deemed to have been instituted

on the same day as the suit in which counter-claim is made has been filed

on the day on which the counter-claim is made

either (a) or (b) whichever is beneficial to the defendant

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

18- Section 3, Limitation Act, 1963, does not apply to

Writ petition

appeals

applications

execution proceedings.

19- The provisions of section 3, Limitation Act [ are

mandatory

directory

discretionary

optional.

20- Under section 3, Limitation Act, 1963 the court is required to consider the question of limitation

only when objection to limitation is raised by the defendant

only when the defendant does not confess judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022)

only when the defendant does not admit his liability

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.

21- A suitor, under section 3, Limitation Act, 1963 I

can be relieved of the bar of limitation on the ground of hardship, mistake or injustice

can be relieved of the bar of limitation on the ground that its application would be inconsistent with the principles of natural justice

can be relieved of the bar of limitation on the ground of equitable considerations

cannot be relieved on the ground either (a) or (b) or (c).

22- Section 3, Limitation Act is applicable to the period of limitation prescribed by any

local law

special law

both (a) and (b)

neither (a) nor (b).

23- Section 3, Limitation Act,1963 is

an independent section in its operation and effect
not an independent section in its operation and effect, and is subject to and controlled by sections 4 to 24
not an independent section in its operation and effect and is subject to and controlled by sections 4 to 27
not an independent section in its operation and effect and in respect to and controlled by sections 4 to 32.

24- For the purposes of section 3, Limitation Act, 1963, limitation is checked

when the plaint is actually presented in the proper court

when the plaint is presented even in a court not competent to try the suit

when the plaint in presented by the part

all the above.

25- A timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”)-barred debt can be claimed

as a setoff

as a counterclaim

as a fresh suit

none of the above.

26- Under the Limitation Act, 1963, the court has no power to extend the limitation on the ground of

equitable considerations

hardship

necessary implication

either (a) or (b) or (c).

27- Section 5, Limitation Act, is

applicable to the proceedings under section 34, Arbitration and Conciliation Act, 1996 and the time limit prescribed under section 34 can be extended generally
not applicable to the proceedings under section 34, Arbitration & Conciliation Act, 1996 and the time limit prescribed under section 34 is absolute and unextendable
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
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.

28- An application for leave to contest the eviction proceedings before the Rent Controller attracts

section 4, Limitation Act, 1963

section 10, General Clauses Act, 1897

both (a) and (b)

either (a) or (b).

29- Section 4, Limitation Act, 1963 applies

where a certain period has been prescribed by a statute

where a certain period is fixed by agreementContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. of parties

where a certain date is fixed by agreement of parties

all the above.

30- In order to attract section 4, Limitation Act, 1963

the court should be closed for the whole of the day
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
the court should be closed for substantial part of the day if not for the whole of the day
the court should be closed for more than half of the normal working hours.

31- The extension of time granted by section 4, Limitation Act ,1963

can be combined with section 5, Limitation Act

can be combined with section 12, Limitation Act

can be combined with section 5 and section 12, Limitation Act

cannot be combined with section 5 and section 12, Limitation Act.

32- Section 5 of the Limitation Act applies to

Consumer courts
writ application
execution
Proceeding before Debt recovery tribunals
all the above.

33-Section 5 of Limitation Act applies to

Application

Petition

Special Leave petition

election petitions

none of the above.

34- Limitation for Recovery of possession based on previous Title is

12 years

6 months as per specific relief act

Within three years as per specific relief Act

The Matter is Confusing and no clear answer has been provided by Apex Court.

35-In matters of condonation of delay under section 5, Limitation Act the Government, has to be accorded

treatment similar to a private citizen and no latitude is permissible

treatment stricter than a private citizen as the Government is supposed to act in a more responsible manner

treatment similar to a private citizen, however, certain amount of latitude is not impermissible

either (a) or (b).

36- For condonation of delay under section 5, Limitation Act, 1963

length of delay is the only criterion

length of delay is no matter, acceptability of the explanation is the only criterion

length of delay certainly matters apart from the acceptability of the explanation

either (a) or (c).

37- In the matters of condonation of delay under section 5, Limitation Act 1963, relating to Government

strict proof of everyday’s delay by the Government should not be insisted upon
strict proof of everyday’s delay by the Government should be insisted upon
strict proof of everyday’s delay by the Government may not be insisted upon
strict proof of everyday’s delay by the Government may be insisted upon.

38- In the matters of condonation of delay under section 5, Limitation Act, 1963, public institutions like banks should

be treated at par with private individuals

be treated at par with private institutions

be treated at par with corporate body

neither be treated at par with (a), nor (b), nor (c).

39-The delay under section 5, Limitation Act, 1963 can be condoned on

an oral application

a verbal application

a written application

either (a) or (b) or (c).

40-An application for condonation of delay under section 5, Limitation Act

has to be considered by the court on meritsMerits Strict legal rights of the parties; a decision “on the merits” is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. and order has to be passed with reasons

has to be considered by the courts on merits-however, the order need not be passed with reasons

has to be considered by the court on merits-however, the order may not be passed with reasons

has to be considered by the court on merits-however, it is discretionary for the court to pass order with or without reasons.

Section 6 of Limitation Act applies to