Practice Test 5 - LawVidhi.com

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Indian Limitation Act

Practice Test 5

1 / 83

Law of limitation is:

None of the above

A substantive law

Both procedural and substantive law

A procedural law

2 / 83

For a suit for possession of immovable property based on title, period of limitation is-

12 years from the date when possession of the defendant becomes adverse to the plaintiff

None of the above

12 years from the date of threat of dispossession

12 years from the date of dispossession

3 / 83

Law of Limitation as considered in Limitation Act does not bar the remedy, if the suit has instituted under

Indian Divorce Act

Transfer of Property Act

Code of Civil Procedure

All of these

4 / 83

Period spent in prosecuting the case before the Consumer Forum can be

Excluded

Partly included

Included

Partly excluded

5 / 83

Tort’ in the Limitation Act, 1963 includes which of following?

Civil wrong, which is not exclusively the breach of a contract or the breach of trust

Judicial wrong, which is not exclusively the breach of a contract or the breach of trust

None of these

Civil wrong, which is exclusively the breach of a contract or the breach of trust

6 / 83

In computing the period of limitation for an appeal:

The day on which judgement pronounced shall be included

The day on which judgement pronounced shall be excluded

The day on which judgement pronounced and the time requisite for obtaining copy of the decree shall be excluded

The time taken for preparing the decree be included

7 / 83

Which of the following is not an essential requisite of a valid acknowledgment:

It must be made before the expiration of limitation period

It must be signed by the person making the acknowledgment or by his duly authorized agent

It need not be in writing

It must be made by the party against whom any property or right is claimed or by some person through whom he derives title or liability

8 / 83

A suit to redeem or recover possession of immovable property mortgaged can be brought by the mortgagor within a period of:

30 years

6 years

12 years

3 years

9 / 83

Period of limitation shall commence

From the date of establishment of the identity of the accused if not known at the time of commission of the offence

All the above

From the date of knowledge of the commission of the offence if not known earlier

From the date of the offence generally

10 / 83

Under section 21, can the court direct the suit to have been instituted on an earlier date

In both (A) and (B)

Yes, if the omission to include the party was due to a mistake made in good faith

Yes, if the omission to include party was deliberate

Neither (A) nor (B)

11 / 83

Period of limitation for suits relating to tort is

12 years

3 years

1 year

1 year to 3 years

12 / 83

A fresh period of limitation shall be computed from the time when the acknowledgement was . . . . . . .

Signed before expiration of prescribed period

Signed after expiration of prescribed period

Oral agreement before expiration of prescribed period

Oral agreement after expiration of prescribed period

13 / 83

Delay in filing the suit:

Cannot be condoned under Limitation Act, 1963

Can be condoned under Section 5, Limitation Act, 1963

Can be condoned under Section 3, Limitation Act, 1963

Can be condoned under Article 137, Limitation Act, 1963

14 / 83

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

Either (A) or (B)

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

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

Treatment similar to a private citizen and no latitude is permissible

15 / 83

On 1st January, 2010, an amount is deposited by the plaintiff with the defendant, not being a loan. On 1st January, 2012, demand is made by the plaintiff for repayment of the deposit. On 1st January, 2014, suit for recovery is filed for the amount of deposit. Is this suit within limitation?

The suit is not time barred only in case where the deposit is made with a bank and not a private person

Neither (1) nor (2) above

The suit filed on 1st January, 2014 is time barred as it is filed three years after having made the deposit on 1st January, 2010

The suit filed on 1st January, 2014 is within limitation because limitation of three years commences on 1st January, 2012

16 / 83

The period of limitation for filing a suit for specific performance is

Two years

Thirty years

Twelve years

Three years

17 / 83

Statement A: In computing period of limitation for any appeal, the day from which such period is to be reckoned, shall be included.
Statement B: In computing period of Limitation for any appeal, the day on which the judgment complained of was pronounced and the time requisite for obtaining the copy of the decree shall be excluded.

Statement B is correct

Both are correct

Both are incorrect

Statement A is correct

18 / 83

Which is true of the acknowledgement of liability

Can be made to a person other than the person entitled to the property

Has to be a promise to pay

Has to be made to the person concerned/creditor

Can be made after the expiry of the period of limitation

19 / 83

Mark the correct statement.

None of the above

A defendant can plead that the instrument is voidable even if his suit to set it aside on the ground of its voidability is barred by limitation

A debt does not cease to exist only because its recovery is barred by the stature of limitation

Both (A) and (B)

20 / 83

The period of limitation for a review of the Judgement is:

180 days

90 days

60 days

30 days

21 / 83

Period of limitation for restoration of suit is

30 days

60 days

90 days

10 days

22 / 83

Which of the following section of the Limitation Act, 1963 gives recognition to the concept of ‘Adverse Possession’?

23 / 83

Under section 2(1) of Limitation Act suit includes

Both (A) and (B)

None of the above

Application

Appeal

24 / 83

The period of limitation for filing a suit relating to tort against one who, having right to use property for specific purpose, perverts it to other purpose is:

Three years from the date the perversion first becomes known to the person injured

Two years from the date the perversion first becomes known to the person injured

Four years from the date the perversion first becomes known to the person injured

One year from the date the perversion first becomes known to the person injured

25 / 83

It is not necessary that an acknowledgement with Section 18 of Limitation Act must contain a promise to payor should amount to a promise to pay. The statement is . . . . . . . .

Partly correct

False

None of the above

True

26 / 83

An erroneous decision refusing to apply Section 12, Limitation Act, 1963 can be corrected under which of the following articles of the Constitution?

Article 226

Article 224

Article 227

Article 225

27 / 83

Suit for possession on the basis of prior possession may be filed within:-

Twelve years

Three years

One year

Six months

28 / 83

Sub-sections (2) to (4) of the present Section 12, Limitation Act, 1963 refers specifically to which of the following types of proceedings?
1. Appeal
2. Application to leave to appeal
3. Application to revision
4. Application to review
5. Application to set aside an award

All of these

1, 3, 5

2, 4, 5

1, 4, 5

29 / 83

The limitation for filing a suit, by a surety, against the principal debtor, would be 3 years from the date on which:

The date of demand, by the creditor, for payment thereof, to the debtor, or the surety, whichever is earlier

The amount was paid by the surety to the creditor

The amount became payable to the creditor

The refusal, by the principal debtor to pay the amount on notice being by the surety

30 / 83

Section 14 of Limitation Act, apart from the suit, is applicable to

Appeal

Application

Execution

None of the above

31 / 83

Period of limitation to recover possession from a tenant begins when:

None of these

Notice of termination issued

Term of tenancy is expired

Tenancy is made

32 / 83

The period of limitation for taking cognizance of an offence starts

From the date of the lodging of the case

From the date of the offence

From the date of the surrender of the accused

From the date of the arrest of the suspect

33 / 83

If any period of limitation, is to be excluded from the prescribed period of limitation, the party necessary has to satisfy and of appropriate provisions in Sections . . . . . . . . to . . . . . . . . of the Limitation Act, 1963.

28 to 32

4 to 24

None of the above

25 to 27

34 / 83

Where the prescribed period for any suit, appeal or application expires on a day on which the Court is closed

With the permission of the Court may be instituted, preferred or made afterwards

The suit appeal or application may be instituted, preferred or made when the Court reopens

Same can not be instituted or preferred or made afterwards

A fresh period of limitation will be available

35 / 83

Where a person is affected by two legal disabilities or where one disability followed by another without leaving the gap, then suit or application may be filed:

None of the above

Till the first disability ceases to exist

After both disabilities have ceased

Till the second disability ceases to exist

36 / 83

Which section of the Limitation Act 1963 provides provision regarding acquisition of easement by prescription?

Section 21

None of the above

Section 23

Section 25

37 / 83

Section 11, Limitation Act, 1963 recognises the defence based on a foreign rule of limitation only to which of the following cases?

Both (A) and (B)

Where the foreign law has extinguished only the remedy

Where the foreign law has extinguished the contract itself

None of these

38 / 83

Under which section of the Limitation Act, 1963 the time requisite for obtaining a copy of the decree or order appealed shall be excluded in computing the period of limitation for appeal, review or revision?

Section 12(2)

Section 12(1)

Section 12(4)

Section 12(3)

39 / 83

The period of limitation for filing a suit for damages for defamation is

Two years

None of these

One year

Three years

40 / 83

Which Section is based on the principle of lex non cogit ad impossibilia-

Section 5

Section 4

Section 15

Section 14

41 / 83

Under section 19, Limitation Act, 1963

Either (A) or (C)

Payment by cheque which is dishonoured on presentation amounts to part payment and shall save limitation

Mere handing over the cheque which is dishonoured on presentation amounts to acknowledgment

Payment by cheque which is dishonoured on presentation does not amount to part payment and will not save limitation

42 / 83

Section 17 of the Limitation Act does not take within its ambit

All of the above

An execution application

A suit

An appeal

43 / 83

Section 14 of the Limitation Act, 1963 can be invoked for exclusion of time:

When there is delay in filing written statement

When the first suit is dismissed in default

When the first suit was dismissed on merits

When the first suit is withdrawn under Order XXIII, Rule 1 of the Code of Civil Procedure on the ground of technical and formal defect

44 / 83

‘A’ has within the prescribed period of limitation sued ‘B’ for recovery of debt owed by ‘B’ to ‘A’ The suit remains pending. After nine years of institution of suit ‘A’ assigns the debt for recovery of which the suit was filed to ‘C’. ‘C’ after nearly one year of such assignment, applies in the suit for substitution in place of ‘A’:

The application for substitution does not lie as 'C' is not the heir of 'A'

C' as an assignee of 'A' has a right to be substituted and no limitation is prescribed for seeking substitution

The suit will be dismissed as 'A' has lost the right to recover the loaned amount

The application for substitution is barred by time

45 / 83

Bar of Limitation Act applies to:

Application

All of these

Appeal

Suit

46 / 83

Part II of the Limitation Act, 1963 deals with limitation of

Appeals

All of these

Applications

Suits

47 / 83

Find out the false statement:

If a question of limitation arises the instrument must be deemed to have been made with reference to the Gregorian calender

In computing the period of limitation the day from which the period is to be reckoned has to be included

Section 24 of the Limitation Act is unconditional

Where a mortgage provided for payment of the principal with in three years from 10th June, 2014 the period expires on mid night of 10th June, 2017

48 / 83

Section 6 of the Limitation Act is related to

Legal disability

None of the above

Bar of Limitation

Both (A) and (B)

49 / 83

As provided under Section 25(3) of the Limitation Act, 1963, the easement rights over the property belonging to the Government are acquired by continuous and uninterrupted user if such right is peaceably and openly enjoyed for a period of

Thirty years

Twenty years

Twelve years

Three years

50 / 83

The Law of Limitation only bars remedy, but does not extinguish the . . . . . . .

Property

Right

Recovery

Debt

51 / 83

Provision of Section 5 of the Limitation Act, 1963 for extension of prescribed period are applicable to:

An application for execution of decree

None of the above

Both the above

A suit

52 / 83

Under the Limitation Act, the period of limitation for filing a suit for compensation for false imprisonment begins to run from the time:

When imprisonment begins

When prosecution terminates

When imprisonment ends

None of the above

53 / 83

Under which of the following, Section 13, Limitation Act, 1963 covers the rejection of pauper application?

Order 31, Rule 3 C.P.C (Code of Civil Procedure)

Order 33, Rule 5 C.P.C (Code of Civil Procedure)

Order 30, Rule 2 C.P.C (Code of Civil Procedure)

Order 32, Rule 4 C.P.C (Code of Civil Procedure)

54 / 83

Under section 12 of Limitation Act, the time is to be excluded

Not without the oral prayer of the party

Not without the written application of the party

None of the above

By the court itself without any oral or written application

55 / 83

In computing the period of limitation for appeal, review or revision, the time requisite for obtaining a copy of the decree or order appealed shall be excluded under

Section 13(3)

Section 12(1)

Section 14(4)

Section 12(2)

56 / 83

If a pronote is executed on 5th June 1945, the last day for filing the suit will be:

4th June, 1948

6th June, 1948

5th June, 1948

None of these

57 / 83

Section 5 of the Limitation Act does not apply to:

Application

All these

Appeal

Suit

58 / 83

What is the period of limitation for filing a suit under Article 113 of the Limitation Act?

6 months

5 years

6 years

3 years

59 / 83

Which of the following is not required for a valid acknowledgement

In the handwriting of the person concerned

Signed by the person concerned

In writing

Made before the expiration of period of limitation

60 / 83

The period of three years is prescribed under Article 137 of the Limitation Act, 1963, in case where no other period of Limitation is provided for filing any:

Suit

Appeal

Application

Proceeding

61 / 83

What is the period of limitation for criminal cases in India?

Some states have limitation period others do not have

Different states have different period of limitation

No period of limitation

For bailable offences 5 years for non-bailable offences 20 years

62 / 83

The period of limitation cannot be extended under Section 5 of the Limitation Act in the following proceeding

Revision filed under Section 333 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950

Application filed under sub-section (4) of Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950

An appeal filed under sub-section (3) of Section 331 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950

None of the above

63 / 83

A suit filed on the day next to the last date of limitation for filing thereof will not be barred by time:

If the plaintiff was unwell and suffering from viral fever on the last date of limitation

If the court was closed for half an hour on the last date of limitation

If the advocate for the plaintiff forgot to file plaint on the last date of limitation

If the plaintiff was outside India on the last date of limitation

64 / 83

Section 21 applies only to

Appeals & application

All the above

Executions

Suits

65 / 83

Assertion (A): Section 5 of Limitation Act, 1963 empowers the Court to admit a suit after the prescribed period if the plaintiff satisfies the Court that he had sufficient cause for not instituting the suit.
Reason (R): Even an appeal may be admitted after the prescribed period if the appellant shows sufficient cause for not preferring the appeal within the prescribed period.

Both (A) and (R) are true but (R) is not correct explanation of (A)

(A) is false but (R) is true

Both (A) and (R) are true and (R) is correct explanation of (A)

(A) is true but (R) is false

66 / 83

Municipal Council, Ratlam v. Vardhichand, (1980) 4 SCC 163, is a case on

Failure of a local body to perform its statutory functions

Environmental damage caused by toxic gases

Environmental damaging construction work

Failure of a private enterprise to perform its statutory duties

67 / 83

What will be the limitation period for instituting a suit for which no specific period of limitation is provided under Limitation Act, 1963?

2 years

1 year

No limitation

3 years

68 / 83

Limitation Act came into force on

11th November, 1963

1st January, 1964

5th October, 1963

30th December, 1963

69 / 83

Registration of which of the following documents is compulsory?

Gift deed of immovable property

Acknowledgement of receipt of payment

Deed of will

Lease of immovable property for less than one year

70 / 83

In computing the period of limitation for any suit, once the time has begun to run,

No subsequent disability or inability to institute a suit stops it

A suit has to be filed to stop the time from running

The number of public holidays and court holidays have to be excluded

A Writ Petition has to be filed to stop the said time from running

71 / 83

On the last day of the period of limitation prescribed for the institution of a suit, A applies for leave to sue as a pauper. The application is heard a fortnight later. It transpires at the hearing of the application that A was possessed of sufficient means to enable him to pay the Court-fees. Before an order is made under this rule rejecting the application, A pays the necessary Court-fees, and the application is thereupon converted into a plaint.

The Court-fees having been paid after the expiration of the period of limitation, the suit is time-barred

Both (A) and (B)

None of these

The application not having been made in good faith, the suit will be deemed to have been instituted on the day on which the Court-fees were paid, and not on the day on which the application was filed

72 / 83

The period of limitation for setting aside a sale on execution of a decree, is

60 days

180 days

90 days

30 days

73 / 83

In computing the period of limitation, the time during which:

The period during which an offender is absent from India shall be excluded

Any person has been prosecuting with due diligence another prosecution in any court against the offender shall be excluded

All of the above

The period during which an offender is absconding/conceiving himself, is excluded

74 / 83

Under section 25 the easement rights are acquired by continuous & uninterrupted user

For 3 years

For 12 years

For 30 years

For 20 years

75 / 83

Section 22 of the Limitation Act, 1963 refers to which of following case(s) of:

Successive breach of contract

Both continuing & successive breaches

Continuing breach of contract

Special damages

76 / 83

Computation of limitation time, for date used in an instrument, will be calculated according to which Calendar?

English Calendar

Hindu Calendar

Gregorian Calendar

Islamic Calendar

77 / 83

As per Section 19 of the Limitation Act, 1963 if any payment is made on account of a debt, before the expiration of the prescribed period by the person liable to pay the debt or by his agent duly authorized in that behalf a fresh period of limitation starts running from the

Time when suit was filed

When the payment was made

When the creditor demands

None of the above

78 / 83

Section 17 of the Limitation Act takes within its ambit

Concealments

Mistakes

Frauds

All of the above

79 / 83

Where in any case, the suit or application is based upon fraud or mistake, the period of limitation shall not begin to run unit the plaintiff or applicant has discovered the fraud or the mistake. The statement is:
(1) False
(2) True
(3) Provided under Section 17
(4) Not provided under Limitation Act
Choose the correct combination:

(1) and (4)

Only (1) is correct

None of the options is correct

(2) and (3)

80 / 83

The period of limitation for suits relating to immovable property for foreclosure by a mortgagee is:

12 years

3 years

1 year

30 years

81 / 83

What is the prescribed limitation period, for filing a suit for compensation of libel or slander?

3 years for libel, 1 year for slander

Three years in both cases

One year in both cases

One year for libel, 3 years for slander, or

82 / 83

Time taken in proceedings to set aside the sale, in suit for possession by a purchaser in execution, is liable to be excluded

Under section 15(4)

Under section 15(3)

Under section 15(2)

Under section 15(1)

83 / 83

What is the limitation for filing a suit for recovery of arrears of rent?

None of the above

Three years from the date when the demand for rent is made

Three years from the date when the notice is given

Three years from the date the arrears become due

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