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What will be the legal position in respect of a suit instituted after 2 days of the prescribed period of limitation?
Answer & Solution
Correct Answer:
Option
A
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.
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.
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