100 sample questions on The Limitation Act, 1963 for Uttar Pradesh Judiciary Examination (preliminary)

100 sample questions on The Limitation Act, 1963 for Uttar Pradesh Judiciary Examination (preliminary)

1. All instruments for the purpose of Limitation Act, 1963 shall be deemed to be made with reference to

(a) Gregorian Calendar

(b) English Calendar

(c) Roman Calendar

(d) Swis Calendar.

2. The Limitation Act, 1963 applies to

(a) proceedings before courts

(b) proceedings before an executive authority

(c) proceedings before a quasi-judicial tribunal

(d) all the above.

3. Period spent in prosecuting the case before the Consumer Forum can be

(a) partly excluded

(b) included

(c) excluded

(d) partly included.

4. Under the Limitation Act, 1963, the court has no... power, outside the Act, to relieve a litigant from the provisions of the Act

(a) general

(b) inherent

(c) over-riding

(d) general or inherent or over-riding.

5. Which of the following statements is correct as regards the sections and the articles in the Limitation Act, 1963

(a) the sections and the articles lay down the general principles of jurisdiction

(b) the sections and the articles prescribe the period of limitation

(c) the sections lay down the general principles of jurisdiction and the articles prescribe the period of limitation applicable in matters provided therein

(d) the sections prescribe the period of limitation applicable in matters provided therein ana the articles lay down the general principles of jurisdiction.

6. If the money suit filed within three years from the date on which cause of action arises then the suit

(a) does not relate to Limitation Act

(b) is not barred by limitation

(c) is barred by limitation

(d) depends on application for condonation of delay.

7. The Limitation Act, 1963 applies to

(a) the whole of India except the State of Jammu and Kashmir

(b) the whole of India including the State of Jammu and Kashmir

(c) the whole of India except the North- Eastern States of India

(d) the whole of India except the State of Jammu and Kashmir and the North- Eastern States of India.

8. Delay in filing the suit

(a) cannot be condoned

(b) can be condoned under section 3, Limitation Act

(c) can be condoned under Order VII, Rule 6, C.P.C.

(d) can be condoned under section 5, Limitation Act.

9. Under section 2(1) of Limitation Act suit includes

(a) appeal

(b) application

(c) both (a) and (b)

(d) none of the above.

10. Under section 2(1) of Limitation Act suit includes

(a) appeal

(b) application

(c) execution

(d) none of the above.

11. Section 3 Limitation Act does not apply to

(a) suits

(b) appeals

(c) application

(d) execution.

12. Under section 3, Limitation Act, 1963, a claim by way of is treated as a cross-suit

(a) set-off

(b) counter-claim

(c) set-off or counter-claim

(d) set-off and counter-claim.

13. Under section 3, Limitation Act, 1963 cross suit by way of set-off shall be deemed to have been instituted

(a) on the same day as the suit in which set­off is pleaded has been filed

(b) on the day on which the set-off is pleaded

(c) either (a) or (b) whichever is beneficial to the defendant

(d) either (a) or (b) whichever is beneficial to the plaintiff.

14. Counter-claim, under section 3, Limitation Act, 1963, shall be deemed to have been instituted

(a) on the same day as the suit in which counter-claim is made has been filed

(b) on the day on which the counter-claim is made

(c) either (a) or (b) whichever is beneficial to the defendant

(d) either (a) or (b) whichever is beneficial to the plaintiff.

15. Section 3, Limitation Act, 1963, does not apply to

(a) suits

(b) appeals

(c) applications

(d) execution proceedings.

16. The provisions of section 3, Limitation Act [ are

(a) mandatory

(b) directory

(c) discretionary

(d) optional.

17. Under section 3, Limitation Act, 1963 the court is required to consider the question of limitation

(a) only when objection to limitation is raised by the defendant

(b) only when the defendant does not confess judgment

(c) only when the defendant does not admit his liability

(d) suo motu even when the defendant has not taken any objection of limitation or has confessed judgment or has admitted this liability in the written statement.

18. A suitor, under section 3, Limitation Act, 1963 I

(a) can be relieved of the bar of limitation on the ground of hardship, mistake or injustice

(b) can be relieved of the bar of limitation on the ground that its application would be inconsistent with the principles of natural justice

(c) can be relieved of the bar of limitation on the ground of equitable considerations

(d) cannot be relieved on the ground either (a) or (b) or (c).

19. Section 3, Limitation Act is applicable to the i period of limitation prescribed by any

(a) local law

(b) special law

(c) both (a) and (b)

(d) neither (a) nor (b).

20. Section 3, Limitation Act,'l963 is

(a) an independent section in its operation and effect

(b) not an independent section in its operation and effect, and is subject to and controlled by sections 4 to 24

(c) not an independent section in its operation and effect and is subject to and controlled by sections 4 to 27

(d) not an independent section in its operation and effect and in respect to and controlled by sections 4 to 32.

21.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.

22. A time barred debt can be claimed

(a) as a set off

(b) as a counter claim

(c) as a fresh suit

(d) none of the above.

23. Under the Limitation Act, 1963, the court has no power to extend the limitation on the ground of

(a) equitable considerations

(b) hardship

(c) necessary implication

(d) either (a) or (b) or (c).

24. Section 4 of Limitation Act applies to

(a) suits

(b) appeal & applications

(c) both (a) and (b)

(d) none of the above.

25. Section 5, Limitation Act, is

(a) applicable to the proceedings under section 34, Arbitration and Conciliation Act, 1996 and the time limit prescribed under section 34 can be extended generally

(b) not applicable to the proceedings under section 34, Arbitration & Conciliation Act, 1996 and the time limit prescribed under section 34 is absolute and unextendable

(c) applicable to the proceedings under section 34, Arbitration and Conciliation Act, 1996 and time limit prescribed under section 34 can be extended only in exceptional circumstances

(d) not applicable to the proceedings under section 34 Arbitration and Conciliation Act, 1996-however, the time limit prescribed under section 34 can be extended under inherent powers of the court.

26. Section 4, Limitation Act, 1963 applies where the case is governed by

(a) the Limitation Act, 1963

(b) any local law

(c) any special law

(d) either (a) or (b) or (c).

27. An application for leave to contest the eviction proceedings before the Rent Controller attracts

(a) section 4, Limitation Act, 1963

(b) section 10, General Clauses Act, 1897

(c) both (a) and (b)

(d) either (a) or (b).

28. Section 4, Limitation Act, 1963 applies

(a) where a certain period has been prescribed by a statute

(b) where a certain period is fixed by agreement of parties

(c) where a certain date is fixed by agreement of parties

(d) all the above.

29. In order to attract section 4, Limitation Act, 1963

(a) the court should be closed for the whole of the day

(b) it is not necessary that the court should be closed for the whole day and it is sufficient if the court is Closed during any part of its normal working hours

(c) the court should be closed for substantial part of the day if not for the whole of the day

(d) the court should be closed for more than half of the normal working hours.

30. The extension of time granted by section 4, Limitation Act ,1963

(a) can be combined with section 5, Limitation Act

(b) can be combined with section 12, Limitation Act

(c) can be combined with section 5 and section 12, Limitation Act

(d) cannot be combined with section 5 and section 12, Limitation Act.

31. Section 5 of Limitation Act applies to

(a) suit

(b) appeal & application

(c) execution

(d) all the above.

32. Section 5 of Limitation Act applies to

(a) suits

(b) execution of a decree

(c) both (a) and (b)

(d) none of the above.

33. Section 5 of Limitation Act applies to

(a) suits

(b) execution

(c) election petitions

(d) none of the above.

34. In matters of condonation of delay under section 5, Limitation Act the Government, has to be accorded

(a) treatment similar to a private citizen and no latitude is permissible

(b) treatment stricter than a private citizen as the Government is supposed to act in a more responsible manner

(c) treatment similar to a private citizen, however, certain amount of latitude is not impermissible

(d) either (a) or (b).

35. For condonation of delay under section 5, Limitation Act, 1963

(a) length of delay is the only criterion

(b) length of delay is no matter, acceptability of the explanation is the only criterion

(c) length of delay certainly matters apart from the acceptability of the explanation

(d) either (a) or (c).

36. In the matters of condonation of delay under section 5, Limitation Act 1963, relating to Government

(a) strict proof of everyday's delay by the Government should not be insisted upon

(b) strict proof of everyday's delay by the Government should be insisted upon

(c) strict proof of everyday's delay by the Government may not be insisted upon

(d) strict proof of everyday's delay by the Government may be insisted upon.

37. In the matters of condonation of delay under section 5, Limitation Act, 1963, public institutions like banks should

(a) be treated at par with private individuals

(b) be treated at par with private institutions

(c) be treated at par with corporate body

(d) neither be treated at par with (a), nor (b), nor (c).

38. Section 5, Limitation Act 1963, can

(a) be availed of for the purposes of extending the period of limitation prescribed by any local law unless such focal law excludes the applicability of section 5

(b) be availed of for the purposes of extending the period of limitation prescribed by any special law unless such special law excludes the applicability of section 5

(c) not be availed for the purposes of extending the period or limitation prescribed by any local or special law unless such local or special law expressly makes section 5, Limitation Act applicable

(d) (a) and (b) both.

39. The delay under section 5, Limitation Act, 1963 can be condoned on

(a) an oral application

(b) a verbal application

(c) a written application

(d) either (a) or (b) or (c).

40. 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.

41. Section 6 of Limitation Act applies to

(a) suits

(b) execution of a decree

(c) both (a) and (b)

(d) none of the above.

42. Section 6 of Limitation Act does not apply to

(a) suits

(b) execution of a decree

(c) appeal

(d) all the above.

43. 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.

44. Legal disabilities are

(a) minority

(b) insanity

(c) idiocy

(d) all the above.

45. Section 6 of Limitation Act does not apply to

(a) insolvent

(b) minor

(c) insane

(d) idiot.

46. Section 6 of Limitation Act does not apply to

(a) suits

(b) execution of a decree

(c) suits to enforce rights of pre-emption

(d) none of the above.

47. Period of limitation stands extended, by virtue of section 6 of Limitation Act for a maximum period of

(a) 1 year

(b) 3 years

(c) 6 years

(d) 12 years.

48. Can a plea of limitation be

(a) waived by a party

(b) ignored by the court

(c) waived by both the parties by consent

(d) none of the above.

49. Time which has begun to run can be stopped in case of

(a) minority

(b) insanity

(c) idiocy

(d) none of the above.

50. Section 6 of Limitation Act does apply in cases of

(a) illness

(b) poverty

(c) insolvency

(d) none of the above.

51. 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).

52. In computing the period of limitation for application to set aside an award, the time requisite in obtaining a copy of the award shall be excluded under

(a) section 12(1)

(b) section 12(2)

(c) section 12(3)

(d) section 12(4).

53. Limitation for filing an appeal commences from

(a) the date of judgment

(b) the date of signing of the decree

(c) the date of application for copy of the judgment

(d) the date of availability of copy of the judgment.

54. 'Time requisite' under section 12(2) of Limitation Act means

(a) minimum time

(b) maximum time

(c) actual time taken

(d) absolutely necessary time.

55. Time excluded has to be considered on the basis of

(a) information available from the copy of judgment/decree placed on record

(b) information as to copies obtained by the parties for court purposes

(c) information as to copies obtained by the parties for other purposes

(d) information as to copies not placed on record but made available to the court.

56. Section 13 of Limitation Act applies to

(a) suit filed in forma pauperis

(b) appeal filed in forma pauperies

(c) both (a) and (b)

(d) none of the above.

57. Under section 13 of Limitation Act, the time is excluded

(a) if the application for leave to sue or appeal as a pauper is allowed

(b) if the application for leave to sue or appeal as a pauper is rejected

(c) in both the cases

(d) in none of the case.

58. Section 14 & section 5 of Limitation Act are

(a) independent of each other

(b) mutually exclusive of each other

(c) both independent & mutually exclusive

(d) neither independent nor mutually exclusive.

59. Under section 14 defect in jurisdiction must relate to

(a) territorial jurisdiction

(b) pecuniary jurisdiction

(c) subject matter jurisdiction

(d) either (a) or (b) or (c).

60. Section 15 excludes from computation of limitation

(a) period of notice

(b) time taken in granting previous consent

(c) time taken in grant of sanction

(d) all the above.

61. Section 15 does not apply to

(a) suits

(b) appeal

(c) execution application

(d) none of the above.

62. Period during which proceedings stand stayed by an injunction or order is excluded

(a) under section 14

(b) under section 15

(c) under section 13

(d) under section 16.

63. Section 15 applies to

(a) suits

(b) execution applications

(c) both suits & execution applications

(d) neither suits nor execution proceedings.

64. Time taken in proceedings to set aside the sale, in suit for possession by a purchaser in execution, is liable to be excluded

(a) under section 15(4)

(b) under section 15(2)

(c) under section 15(3)

(d) under section 15(1).

65. Section 16 applies to

(a) suits to enforce rights of pre-emption

(b) suits for possession of immovable property

(c) suits to enforce right to a hereditary office

(d) none of the above.

66. Section 17 takes within its ambit

(a) frauds

(b) mistakes

(c) concealments

(d) all the above.

67. Section 17, Limitation Act, 1963, does not apply to

(a) criminal proceedings

(b) civil proceedings

(c) execution proceedings

(d) both (a) and (c).

68. The fraud contemplated by section 17, Limitation Act, 1963 is that of

(a) the plaintiff

(b) the defendant

(c) a third person

(d) either (a) or (b) or (c).

69. Whether a plaintiff could with reasonable diligence have discovered the fraud or mistake under section 17, Limitation Act, is a

(a) question of fact to be decided on the basis of facts disclosed in each case

(b) question of law

(c) mixed question of fact and law

(d) substantial question of law.

70. Under section 17, Limitation Act, 1963, the limitation starts running from

(a) the date of the mistake

(b) the date of discovery of mistake

(c) either (a) or (b), depending on the facts and circumstances or the case

(d) either (a) or (b), as per the discretion of the court.

71. In case of mistake, under section 17, Limitation Act, 1963, the limitation shall start running from

(a) the date of the mistake

(b) the date when the mistake with due diligence could have been discovered

(c) either (a) or (b), whichever is earlier

(d) either (a) or (b), whichever is beneficial to the suitor.

72. Section 17 applies to

(a) suits

(b) execution proceedings

(c) both suits and execution proceed-ings

(d) neither to suits nor to execution proceeding.

73. Section 17 does not take within its ambit

(a) suits

(b) appeals

(c) execution application

(d) all the above.

74. Under section 19, Limitation Act, 1963

(a) payment by cheque which is dishonoured on presentation amounts to part payment and shall save limitation

(b) payment by cheque which is dishonoured on presentation does not amount to part payment and will not save limitation

(c) mere handing over the cheque which is dishonoured on presenta-tion amounts to acknowledgment

(d) either (a) or (c).

75. Which of the following is not required for a valid acknowledgement

(a) in writing

(b) made before the expiration of period of limitation

(c) signed by the person concerned

(d) in the handwriting of the person concerned.

76. Section 22 refers to cases of

(a) continuing breach of contract

(b) successive breach of contract

(c) both continuing & successive breaches

(d) neither continuing nor successive breaches.

77. Under section 25 the easement rights are acquired by continuous & uninterrupted user

(a) for 12 years

(b) for 20 years

(c) for 30 years

(d) for 3 years.

78. Under section 25, the easement rights over the property belonging to the Government are acquired by continuous & uninterrupted user

(a) for 12 years

(b) for 20 years

(c) for 30 years

(d) for 60 years.

79. A suit against the obstruction in the enjoyment of easementary rights acquired under section 25 must be filed

(a) within 2 years of such obstruction

(b) within 1 year of such obstruction

(c) within 3 years of such obstruction

(d) within 12 years of such obstruction.

80.Which is correct

(a) limitation bars the judicial remedy

(b) limitation extinguishes the right

(c) limitation is a substantive law

(d) limitation bars the extra judicial remedies.

81.Which is not correct of law of limitation

(a) limitation bars the judicial remedies

(b) limitation is an adjective law

(c) limitation extinguishes the right

(d) limitation is a procedural law.

82.Which is not correct of law of limitation

(a) limitation bars the judicial remedies

(b) limitation is negative in its operation

(c) limitation is a procedural law

(d) limitation bars the extra judicial remedies.

83.A suit for possession based on the right of previous possession & not on title can be filed

(a) within one year of dispossession

(b) within three years of dispossession

(c) within twelve years of dispossession

(d) within six months of dispossession.

84.A suit for possession of immovable property based on title can be filed

(a) within one year

(b) within three years

(c) within twelve years

(d) within six months.

85.For a suit filed by or on behalf of Central Government or any State Government, the period of limitation is

(a) one year

(b) three years

(c) twelve years

(d) thirty years.

86. In England, the law of limitation can be

(a) waived by the party entitled to the benefit thereof

(b) is indefinite & flexible

(c) is variable

(d) all the above.

87. Law of limitation is

(a) lex loci

(b) lex fori

(c) non-obstante

(d) all the above.

88. Under section 21, a suit is deemed to have been instituted, in case of a new plaintiff impleaded/added

(a) on the date on which the new plaintiff is impleaded

(b) on the date on which the suit was initially instituted

(c) on the date on which the application for impleading a new plaintiff is made

(d) none of the above.

89. Under section 21, qua a defendant a suit is deemed to have been instituted against a newly added defendant

(a) on the date on which the new defendant is impleaded

(b) on the date on which the suit was initially instituted

(c) on the date on which the application for impleading a new defendant is made

(d) none of the above.

90. Under section 21, can the court direct the suit to have been instituted on an earlier date

(a) yes, if the omission to include the party was due to a mistake made in good faith

(b) yes, if the omission to include party was deliberate

(c) in both (a) & (b)

(d) neither (a) nor (b).

91. Section 21 does not apply in

(a) cases of adding of a new plaintiff for the first time

(b) cases of adding of a new defendant for the first time

(c) cases of transposition of parties

(d) neither (a) nor (b) nor (c).

92. Section 21 does not apply in

(a) cases of devolution of interest during the pendency of the suit

(b) cases of assignment of interest during the pendency of the suit

(c) case of transposition of a plaintiff as a defendant & vice-versa

(d) all the above.

93. Section 21 applies only to

(a) suits

(b) appeals & application

(c) executions

(d) all the above.

94. Law of limitation has to be strictly construed. In view of the same section 5 of Limitation Act has to be construed

(a) strictly

(b) liberally

(c) harmoniously

(d) ejusdem-generis.

95. Easementary rights under section 25 can be acquired by

(a) tenant

(b) a co-owner

(c) both a tenant and a co-owner

(d) neither a tenant nor a co-owner.

96. Section 27 of Limitation Act

(a) bars the remedy

(b) extinguishes the right

(c) both (a) & (b)

(d) neither (a) nor (b).

97. Section 27 of Limitation Act applies to

(a) suits

(b) appeals

(c) execution application

(d) all the above.

98. Section 27 of Limitation Act does not extinguish the right in

(a) suits

(b) appeals

(c) execution application

(d) all the above.

99. Section 27 of Limitation Act does not apply to cases for recovery of possession

(a) where no limitation period has been prescribed

(b) where the limitation period has been prescribed

(c) Doth (a) & (b)

(d) neither (a) nor (b).

100. Which is true of acknowledgements

(a) extends the period of limitation

(b) confers an independent right on a person

(c) confers a title on the person

(d) all the above.