Limitation act : Practice Questions and Answers

Section 27 of the Limitation Act states that when the limited period for initiating a suit for possession of any property expires without the person taking legal action, their right to the property is extinguished.

Fresh period of limitation to run at every breach of contract * In the case of a continuous breach of contract, the limitation period starts afresh with each successive breach.

Section 13 deals with cases where an individual has applied for permission to sue or appeal as a pauper (someone who is too poor to afford the court fees) but their application has been rejected.

Section 16 of the Limitation Act deals with the computation of the period of limitation for filing a lawsuit or making an application when a person involved in the case has died.

'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.

​execution proceedings Section 3 of the Limitation Act, 1963 relates to the Bar of limitation.

Three years. * Article 42 of the schedule of the Limitation Act, 1963, provides for the suit By a surety against a co-surety. It states that the limitation period for a suit by a surety against a co-surety is three years from the date when the surety pays anything in excess of his own share.

. * Section 2(i) of the Limitation Act talks about 'Plaintiff '. 'Plaintiff' includes any person from or through whom a plaintiff derives his right to sue.

The Limitation Act, 1963 Schedule Periods of Limitation [See sections 2(j) and 3] PART VII – SUITS RELATING TO TORT 72. For compensation for doing or for omitting to do an act alleged to be in pursuance of any enact­ment in force for the time being in the territories to which this Act extends.

The Limitation Act, 1963 Schedule Periods of Limitation [See sections 2(j) and 3] PART VII – SUITS RELATING TO TORT 72. For compensation for doing or for omitting to do an act alleged to be in pursuance of any enact­ment in force for the time being in the territories to which this Act extends.

S the date of the suit in which the set off is pleaded. * Section 3 of the Limitation Act, 1963, provides for the Bar of limitation.

Section 27 of the Limitation Act, 1963 relates to theExtinguishment of right to property. It states : At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.

Trustee * Position of a Trustee: A trustee holds property or assets in trust for the benefit of others (beneficiaries) and is bound by fiduciary duties. The relationship is governed by equity, not just contract.

' * According to the provisions of Limitation Act, 1963: For money payable for money lent: The relevant article is Article 19, which prescribes the period of limitation for suits related to money lent.

​execution proceedings Section 3 of the Limitation Act, 1963 relates to the Bar of limitation.

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.

Ll of these Section 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 t.

In ICICI Bank Ltd v. Trishla Apparels Pvt Ltd (2015), the Madras High Court emphasized that the court is duty-bound to dismiss suits barred by time, even if the opposing party does not raise the plea.

​​The running of the limitation period is suspended. As per Section 9, when letters of administration to the estate of a creditor have been granted to his debtor, the running of the period of limitation for a suit to recover the debt shall be suspended while the administration continues.

Section 16(3) clarifies that the provisions of Section 16(1) and Section 16(2) do not apply to suits to enforce rights of pre-emption or to suits for the possession of immovable property or of a hereditary office.