Limitation act : Practice Questions and Answers

Section 15 of the Limitation Act provides for the exclusion of time in certain specific cases when calculating the limitation period for suits or applications: Stayed Proceedings: The time during which the institution or execution of a decree has been stayed by an injunction or order is excluded fro.

​All of The Above As per Section 26 Exclusion of time in favor of reversioner of servient tenement: If land or water over which an easement has been enjoyed is held under a life interest or a lease for more than three years, the time during which the easement was enjoyed while the life interest or l.

Section 23 of the Limitation Act addresses situations where an act does not immediately give rise to a cause of action, but only does so when a specific injury resulting from the act occurs.

'Vigilantibus non dormientibus jura subveniunt' * Vigilantibus non dormientibus jura subveniunt: This Latin maxim translates to "the law assists those who are vigilant, not those who sleep over their rights.

0 days. * Article 118 of the Schedule of the Limitation Act provides for the leave to appear and defend a suit under summary procedure. It states that the limitation period is ten days from the date when the summons is served.

0 years. * Article 61 of the Schedule of the Limitation Act, 1963, provides for the limitation period prescribed for filling a suit by a mortgagor to recover possession of immovable property mortgaged.

In Collector and Authorised Chief Settlement Commissioner v. Darshan Singh and others (AIR 1999) , the court held that the non-availability of the case file to the State counsel or Panel lawyer is not considered a valid ground for condonation of inordinate delay.

Section 9 of the Limitation Act deals with the Continuous running of time. It states that once the time period within which a lawsuit or application can be filed has begun, any subsequent disability or inability to initiate such legal action does not stop the running of this time period.

Section 27 of the Limitation Act, 1963. Section 27 of Limitation Act, 1963: This section provides for the extinguishment of right to property. It says when the period for instituting a suit for possession of any property is gone then the right to such property is also gone or extinguished.

Section 2(h) of the Limitation Act states that nothing shall be deemed to be done in good faith which is not done with due care and attention. The term "good faith" refers to acting with honesty, integrity, and sincerity, often in a legal or contractual context.

Section 4 Expiry of prescribed period when court is closed - 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.

Section 5 : Extension of prescribed period in certain cases.—* Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant or the applicant satisfies.

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 over.

Section 23. Suits for compensation for acts not actionable without special damage.

Years. * Article 113 of the Schedule of the Limitation Act, 1963 provides for the limitation period for any suit for which no period of limitation is provided elsewhere in this Schedule. It states that the limitation period is three years from the date when the right to sue accrues.

Section 23 of the Limitation Act addresses situations where an act does not immediately give rise to a cause of action, but only does so when a specific injury resulting from the act occurs.

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.

​​Actions performed with due care and attention As per Section 2(h) "good faith" is defined to mean that nothing shall be deemed to be done in good faith which is not done with due care and attention.

Section 8 of the Limitation Act, 1963, provides for the Special exceptions.

Section 6. * Section 6 of the Limitation Act, 1963, provides for Legal disability.