This is multiple-choice questions (MCQs) with explanations the Limitation Act 1963
Sample MCQs on the Limitation Act, 1963
- What is the primary objective of the Limitation Act, 1963?
a) To extend the time limit for filing suits
b) To prescribe the period within which suits can be filed
c) To abolish time limits for legal proceedings
d) To enforce contracts within a specific time frame
Answer: b) To prescribe the period within which suits can be filed
Explanation: The Limitation Act, 1963, provides a specific time frame within which legal actions can be initiated to ensure that claims are made within a reasonable period, avoiding unnecessary delays.
- Under the Limitation Act, 1963, the limitation period for filing a suit for recovery of immovable property is:
a) 3 years
b) 12 years
c) 30 years
d) 20 years
Answer: b) 12 years
Explanation: As per Article 65 of the Schedule to the Limitation Act, the time limit for filing a suit for possession of immovable property is 12 years from the date the right to possession arises.
- The Limitation Act, 1963, does not apply to:
a) Civil suits
b) Criminal cases
c) Arbitration proceedings
d) Appeals and applications
Answer: b) Criminal cases
Explanation: The Limitation Act applies primarily to civil matters, including suits, appeals, and applications. It does not apply to criminal cases, which are governed by the Criminal Procedure Code.
- When does the period of limitation begin in most cases?
a) From the date of filing the suit
b) From the date of the decree
c) From the date when the right to sue accrues
d) From the date of acknowledgment of liability
Answer: c) From the date when the right to sue accrues
Explanation: The period of limitation usually starts from the day the cause of action arises, i.e., when the right to sue accrues.
- What is the limitation period for filing a suit for recovery of money under a contract?
a) 1 year
b) 3 years
c) 6 years
d) 12 years
Answer: b) 3 years
Explanation: As per Article 113 of the Limitation Act, the limitation period for suits relating to money recovery under a contract is three years from the date the cause of action arises.
- Which section of the Limitation Act allows for the exclusion of time spent in pursuing another civil proceeding?
a) Section 5
b) Section 10
c) Section 14
d) Section 18
Answer: c) Section 14
Explanation: Section 14 of the Limitation Act provides for the exclusion of the time spent in good faith in pursuing another civil proceeding, which was found to be defective.
- The maximum extension for filing an appeal under Section 5 of the Limitation Act is:
a) 15 days
b) 30 days
c) 60 days
d) No maximum limit; subject to sufficient cause
Answer: d) No maximum limit; subject to sufficient cause
Explanation: Section 5 of the Limitation Act allows courts to condone delays in filing appeals or applications if sufficient cause for the delay is shown, without a fixed maximum limit.
- Under Section 18 of the Limitation Act, acknowledgment of debt must be:
a) Oral
b) In writing and signed by the party
c) Verified by witnesses
d) Accompanied by payment
Answer: b) In writing and signed by the party
Explanation: Section 18 states that an acknowledgment of liability must be in writing and signed by the party responsible to restart the limitation period.
- The Limitation Act, 1963, applies to:
a) Suits by or against the government
b) Suits by minors only
c) Suits against companies only
d) All cases except those excluded by specific statutes
Answer: d) All cases except those excluded by specific statutes
Explanation: The Limitation Act applies universally unless specifically excluded by another statute, such as special laws governing particular disputes.
- Which of the following actions does not extend the limitation period?
a) Acknowledgment of debt in writing
b) Part payment of a debt
c) Filing an application for review
d) Mere verbal promise to pay
Answer: d) Mere verbal promise to pay
Explanation: A verbal promise to pay does not extend the limitation period. For the limitation period to restart, acknowledgment must be in writing or there must be part payment of the debt.
Below is the continuation of the MCQs on the Limitation Act, 1963.
- What is the limitation period for filing a suit for partition of ancestral property?
a) 3 years
b) 12 years
c) 30 years
d) No limitation
Answer: b) 12 years
Explanation: Under the Limitation Act, the limitation period for filing a suit for partition of immovable ancestral property is 12 years from the date the cause of action arises.
- Under the Limitation Act, 1963, the limitation period for filing an application for execution of a decree is:
a) 1 year
b) 3 years
c) 12 years
d) 30 years
Answer: c) 12 years
Explanation: As per Article 136 of the Limitation Act, the limitation period for execution of any decree (other than a decree granting a mandatory injunction) is 12 years.
- In which case does the limitation period not run?
a) When the debtor is a minor
b) When the creditor is imprisoned
c) When a case is pending in another court
d) All of the above
Answer: a) When the debtor is a minor
Explanation: The limitation period does not run against a minor or a person of unsound mind as provided under Section 6 of the Limitation Act.
- What is the time limit for filing an appeal to the High Court from a subordinate court’s decree?
a) 30 days
b) 60 days
c) 90 days
d) 120 days
Answer: b) 60 days
Explanation: The time limit for filing an appeal to the High Court is 60 days from the date of the decree as per the Limitation Act.
- Under the Limitation Act, “sufficient cause” for condoning delay is addressed in which section?
a) Section 4
b) Section 5
c) Section 6
d) Section 10
Answer: b) Section 5
Explanation: Section 5 of the Limitation Act provides for condonation of delay in filing an appeal or application if sufficient cause is shown for the delay.
- What is the limitation period for filing a suit against a trustee for breach of trust?
a) 3 years
b) 6 years
c) 12 years
d) No limitation
Answer: d) No limitation
Explanation: According to Section 10 of the Limitation Act, no limitation period applies to suits against a trustee for any property held in trust, as long as the property remains in the trustee’s possession.
- The limitation period for a suit to enforce a mortgage is:
a) 3 years
b) 12 years
c) 30 years
d) 60 years
Answer: c) 30 years
Explanation: Article 62 of the Limitation Act specifies that the limitation period for enforcing a mortgage is 30 years from the date the money secured by the mortgage becomes due.
- What is the limitation period for filing a suit for compensation for false imprisonment?
a) 1 year
b) 2 years
c) 3 years
d) 5 years
Answer: a) 1 year
Explanation: As per Article 22 of the Limitation Act, the limitation period for filing a suit for compensation for false imprisonment is one year from the date the imprisonment ends.
- Which section of the Limitation Act excludes the time spent in obtaining copies of judgments or decrees?
a) Section 5
b) Section 10
c) Section 12
d) Section 14
Answer: c) Section 12
Explanation: Section 12 of the Limitation Act excludes the time required for obtaining certified copies of judgments, decrees, or orders for filing appeals or applications.
- The Limitation Act, 1963, applies to arbitration proceedings:
a) Always
b) Only if the arbitration is court-ordered
c) Only if the parties agree
d) If it is not expressly excluded by agreement
Answer: d) If it is not expressly excluded by agreement
Explanation: As per Section 43 of the Arbitration and Conciliation Act, 1996, the Limitation Act applies to arbitration proceedings unless specifically excluded by the agreement between the parties.