11
For the purpose of Limitation Act, a suit is instituted:
(1) in an ordinary case, when the plaint is presented to the proper officer
(2) in the case of a pauper when his application for leave to sue as a pauper is made
(3) in the case of a claim against a company which is being wound-up by the Court when the claimant first sends in the claim to the official liquidator
Which of the above are correct?
A)
Only (1)
B)
Only (1) and (2)
C)
None of these
D)
All of these
Answer & Solution
Answer: Option
D
12
Can the right of free passage of air over an open space or ground be acquired by prescription?
A)
Yes
B)
Not liable to be excluded as the plaintiff cannot be said to be prosecuting the earlier suit with due diligence and in good faith
C)
In certain circumstances alone
D)
None of the above
Answer & Solution
Answer: Option
B
13
For the purposes of section 3, Limitation Act, 1963, limitation is checked
A)
When the plaint is actually presented in the proper court
B)
When the plaint is presented even in a court not competent to try the suit
C)
When the plaint in presented by the part
D)
All the above
Answer & Solution
Answer: Option
A
14
Section 6 of Limitation Act can be availed by
A)
Plaintiff(s)
B)
Defendant(s)
C)
Both (A) and (B)
D)
None of the above
Answer & Solution
Answer: Option
A
15
In which of the recent cases has the Supreme Court held that 'period spent bonafide prosecuting proceedings in wrong forum is to be excluded in computing period of limitation?
A)
A. P. Power Co-ordination Committee v. Lanco Kondapalli Power Limited (2016)
B)
B. S. Sheshagiri Setty v. State of Karnataka (2016)
C)
Sundaram Finance v. Noorjahan Beevi (2016)
D)
Standard Chartered Bank v. Andhra Bank Financial Services (2016)
Answer & Solution
Answer: Option
A
16
The period of limitation for a suit, to redeem or recover possession of immovable property mortgaged, by a mortgagor, is
A)
12 years
B)
30 years
C)
6 years
D)
3 years
Answer & Solution
Answer: Option
B
17
Suit against which of the following is not barred by period of limitation?
A)
Trustee
B)
Tenant
C)
Debtor
D)
Partner
Answer & Solution
Answer: Option
A
18
An application for condonation of delay under section 5, Limitation Act
A)
Has to be considered by the court on merits and order has to be passed with reasons
B)
Has to be considered by the courts on merits-however, the order need not be passed with reasons
C)
Has to be considered by the court on merits-however, the order may not be passed with reasons
D)
Has to be considered by the court on merits-however, it is discretionary for the court to pass order with or without reasons
Answer & Solution
Answer: Option
A
19
Under Section 15 of the Limitation Act, which of the following is not excluded in computing the limitation period:
A)
The duration of the stay order
B)
The day on which the stay order was issued
C)
The day on which the stay order was withdrawn
D)
None of the above
Answer & Solution
Answer: Option
D
20
When a new party to a suit is added then can the suit qua that party be taken to be instituted from the original date of filing of the suit?
A)
No. The suit is taken as filed by or against a party only when the order of impleadment is made
B)
No. The suit is taken as filed by or against a party only from the date of filing of the application for impleadment
C)
Yes. It is correct, provided that the court is satisfied that the omission to implead the person was due to a mistake in good faith
D)
Yes, provided that when the suit was originally filed, it was filed on behalf of a minor and who after becoming a major pendente lite ratifies the filing of the suit from the original date
Answer & Solution
Answer: Option
C