Limitation Act Law 100 MCQ With Free Exam SET:-1

Q41. 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:

(A) One year from the date the perversion first becomes known to the person injured
(B) Two years from the date the perversion first becomes known to the person injured
(C) Three years from the date the perversion first becomes known to the person injured
(D) Four years from the date the perversion first becomes known to the person injured

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

Q42. Under section 12 of Limitation Act, the time is to be excluded

(A) Not without the oral prayer of the party
(B) Not without the written application of the party
(C) By the court itself without any oral or written application
(D) None of the above

Answer: By the court itself without any oral or written application

Q43. Section 5 of the Limitation Act does not apply to:

(A) Suit
(B) Appeal
(C) Application
(D) All these

Answer: Suit

Q44. 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

(A) Section 12(1)
(B) Section 12(2)
(C) Section 13(3)
(D) Section 14(4)

Answer: Section 12(2)

Q45. Find out the false statement:

(A) Section 24 of the Limitation Act is unconditional
(B) If a question of limitation arises the instrument must be deemed to have been made with reference to the Gregorian calender
(C) In computing the period of limitation the day from which the period is to be reckoned has to be included
(D) 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

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

Q46. ‘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’:

(A) The application for substitution is barred by time
(B) The application for substitution does not lie as ‘C’ is not the heir of ‘A’
(C) C’ as an assignee of ‘A’ has a right to be substituted and no limitation is prescribed for seeking substitution
(D) The suit will be dismissed as ‘A’ has lost the right to recover the loaned amount

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

Q47. 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?

(A) 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
(B) The suit filed on 1st January, 2014 is within limitation because limitation of three years commences on 1st January, 2012
(C) Neither (1) nor (2) above
(D) The suit is not time barred only in case where the deposit is made with a bank and not a private person

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

Q48. Part II of the Limitation Act, 1963 deals with limitation of

(A) Suits
(B) Appeals
(C) Applications
(D) All of these

Answer: All of these

Q49. Period of limitation to recover possession from a tenant begins when:

(A) Term of tenancy is expired
(B) Notice of termination issued
(C) Tenancy is made
(D) None of these

Answer: Term of tenancy is expired

Q50. Provision of Section 5 of the Limitation Act, 1963 for extension of prescribed period are applicable to:

(A) A suit
(B) An application for execution of decree
(C) Both the above
(D) None of the above

Answer: None of the above