What will be the legal position in respect of a suit instituted after 2 days of the prescribed period of limitation?
A. If the plaintiff satisfies the Court that he was misled by a judgment of the High Court in computing the period, the court may try the suit after condoning delay
B. If the defendant enters into compromise with the plaintiff, the Court may pass a decree in terms of compromise
C. Suit shall be dismissed
D. Plaint shall be returned
Answer: Option A
Solution (By Examveda Team)
The Limitation Act, 1963 prescribes time limits within which legal proceedings must be initiated.Filing a suit after the expiry of this prescribed period generally renders the suit time-barred, and it may be dismissed.
However, Section 5 of the Limitation Act gives the court discretionary power to condone delay if the plaintiff can show "sufficient cause" for not filing the suit on time.
If the delay was caused because the plaintiff was misled by a judgment of the High Court in interpreting the limitation period, this may be accepted as a valid reason.
In such cases, the court may condone the delay and proceed to try the suit, especially when the delay is minimal and made in good faith.
Therefore, the suit is not automatically dismissed, and Option A correctly reflects the legal position.
This Question Belongs to Law >> Limitation Act
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Comments (1)
Tort' in the Limitation Act, 1963 includes which of following?
A. Civil wrong, which is exclusively the breach of a contract or the breach of trust
B. Judicial wrong, which is not exclusively the breach of a contract or the breach of trust
C. Civil wrong, which is not exclusively the breach of a contract or the breach of trust
D. None of these
A. 1 year
B. 2 years
C. 3 years
D. No limitation
What is the period of limitation for filing a suit under Article 113 of the Limitation Act?
A. 5 years
B. 6 months
C. 3 years
D. 6 years
A. 22
B. 24
C. 26
D. 27
E. None of the above
Correct anser is C