Odisha Judicial Service Exam, 2021

Law of Limitation

1. Section 2 (a) defines “applicant” to include—

(a) a petitioner

(b) any person from or through whom an applicant derives his right to apply

(c) any person whose estate is represented by the applicant as executor, administrator or other
representative

(d) All of the above

2. Which of the following is true?

(a) “application” includes a petition

(b) “bill of exchange” includes a hundi and a cheque

(c) Both (a) and (b)

(d) Neither (a) nor (b)

3. Under the Act, “bond” includes

a. any instrument whereby a person obliges himself to pay money to another,

b. on condition that the obligation shall be void if a specified act is performed, or is not performed

c. Both a and b

d. Neither a nor b

4. Who is a defendant for the purposes of the Act?

a. any person from or through whom a defendant derives his liability to be sued

b. any person whose estate is represented by the defendant as executor, administrator or other
representative

c. Both a and b

d. Neither a nor b
5. Easement includes a right, by which one person is entitled to remove and appropriate for his own
profit any part of the soil belonging to another or anything growing in, or attached to, or subsisting
upon, the land of another

a. not arising from contract

b. arising from contract

c. not arising from a statute

d. not arising from status

6. Which of the following is true?

a. Under the Act, “Foreign country” means any country other than India

b. Under Section 2(h), “good faith” means nothing shall be deemed to be done in good faith which
is not done with due care and attention

c. Under the Act, “plaintiff” includes—any person from or through whom a plaintiff derives his
right to sue and any person whose estate is represented by the plaintiff as executor, administrator or
other representative

d. All of the above

7. “Period of limitation” means the period of limitation prescribed under the Schedule for any

a. suit

b. appeal

c. application

d. All of the above

8. Which of the following is true?

(a) “promissory note” means any instrument whereby the maker engages absolutely to pay a
specified sum of money to another at a time therein limited, or on demand, or at sight

(b) “suit” includes an appeal or an application

c. Both a and b

d. Neither a nor b

9. “Tort" means a civil wrong which is

a. not exclusively the breach of a contract or the breach of a trust

b. exclusively the breach of a contract or the breach of a trust

c. exclusively the breach of contract

d. exclusively the breach of a trust

10. Who among the following is a trustee?

a. a benamidar

b. a mortgagee remaining in possession after the mortgage has been satisfied or a person in
wrongful possession without title.

c. Both a and b

d. Neither a nor b

11. The main object to limit any legal action is to give effect to the maxim ‘interest reipublicaeut sit
finis litium’, which means that

a. in the interest of the State is required that there should be a limit to litigation

b. to prevent any kind of disturbance or deprivation of what may have been acquired in equity and
justice or by way of long enjoyment or what may have been lost by a party’s own inaction,
negligence or leaches (acquiescence)

c. Both a and b

d. Neither a nor b

12. Which of the following is true?

a. In B.B. & D. Mfg. Co. v. ESI Corporation, AIR 1972 SC 1935 it was observed by the Supreme
Court that- “The object of the Statutes of Limitations to compel a person to exercise his rights of
action within a reasonable time as also to discourage and suppress stale, fake or fraudulent
claims….”

b. In Balakrishnan v. M.A. Krishnamurthy (1998) 7 SCC 123, it was held by the Supreme Court
“that the Limitation Act is based upon public policy which is used for fixing a life span of a legal
remedy for the purpose of general welfare. …”.

c. Both a and b

d. Neither a nor b
13. Which of the following statement is true?

a. The Law of Limitation is an adjective Law. It is lex fori.

b. The rules of the Law of Limitation are generally concerned with the rules of procedure.

c. The rules of limitation will only bar the remedy but does not extinguish the right.

d. All of the above

14. The Limitation Act is applicable to

a. the suits brought by the plaintiff

b. a right setup by the defendant in defence

c. Both a and b

d. Neither a nor b

15. The law relating to Law of Limitation in India

a. was enacted on 5th of October, 1963 and which came into force from 1st of January, 1964

b. was enacted for the purpose of consolidating the legal principles relating to limitation of suits.

c. Both a and b

d. Neither a nor b

16. The Limitation Act contains

a. 30 Sections and 137 Articles

b. 32 Sections and 120 Articles and 10 parts.

c. 35 Sections and 137 Articles and 10 parts.

d. 32 Sections and 137 Articles and 10 parts.

17. Which of the following is true regarding the different time periods prescribed under the
Limitation Act?

a. Under the Act, the limitation period is reduced from a period of 60 years to 30 years in the case of
suit by the mortgagor for the redemption or recovery of possession of the immovable property
mortgaged, or in case of a mortgages for the foreclosure or suits by or on the behalf of Central
Government or any State Government including the State of Jammu and Kashmir

b. A longer period of 12 years has been prescribed for different kinds of suits relating to immovable
property, trusts and endowments

c. A period of 3 years has been prescribed for the suits relating to accounts, contracts and
declarations, suits relating to decrees and instruments and as well as suits relating to movable
property

d. All of the above

18. A period varying from 1 to 3 years has been prescribed for

a. suits relating to torts and miscellaneous matters

b. suits for which no period of limitation has been provided elsewhere in the Schedule to the Act

c. Both a and b

d. Neither a nor b

19. Which of the following is true?

a. The Limitation Act, 1963 has a very wide range considerably to include almost all the Court
proceedings.

b. The definition of ‘application’ has been extended to include any petition, original or otherwise.

c. The change in the language of Section 2 and Section 5 of the Limitation act, 1963 includes all the
petition and also application under special laws.

d. All of the above

20. Which of the following is true?

a. The Limitation Act, 1963 with its new law signifies that it does not make any racial or class
distinction since both Hindu and Muslim Law are now available under the law of limitation as per
the existing statute book.

b. In the matter of Syndicate Bank v. Prabha D. Naik, (AIR 2001 SC 1968) the Supreme Court has
observed that the law of limitation under the Limitation Act, 1963 does not make any racial or class
distinction while making or indulging any law to any particular person.
c. Both a and b

d. Neither a nor b

21. Subject to the provisions contained in Sections 4 to 24, every suit instituted, appeal preferred,
and application made after the prescribed period shall be dismissed

a. even though limitation has been set up as a defence

b. although limitation has not been set up as a defence

c. notwithstanding anything

d. without any costs

22. Under section 3 of the Act, a suit is instituted ---

a. in an ordinary course, when the plaint is presented to the proper officer

b. in case of a pauper, when the application for leave to sue as a pauper is made

c. in the case of a claim against a company which is being wound up by the court, when claimant
first sends in his claim to the official liquidator

d. All of the above

23. Any claim by way of set off or counter claim, shall be treated as a separate suit and shall be
deemed to have been instituted--

a. in the case of set-off, on the same date as the suit in which the set off is pleaded

b. in case of counter-claim, on the date on which the counter claim is made in the court

c. Both a and b

d. Neither a nor b

24. Which of the following is true?

a. Section 3 of the Limitation Act enjoins a court to dismiss any suit instituted, appeal preferred and
application made, after the period of limitation prescribed therefore by the Schedule

b. The dismissal is irrespective of the fact whether the opponent had set up the plea of limitation or
not

c. Both a and b

d. Neither a nor b
25. “It has been already mentioned that when a debt becomes time-barred, it does not become
extinguished but only unenforceable in a court of law”. This was held by the Supreme Court in the
case of

a. Bombay Dyeing & Mfg. Co. Ltd. v. State of Bombay, AIR 1958 SC 328

b. Syndicate Bank v. Prabha D. Naik, (AIR 2001 SC 1968)

c. State of West Bengal v. W.B. Judicial Service Association, 1990 (2) Cal. L.J. 73

d. G. Ramegowda v. Special Land Acquisition Officer (1988(2)SCC142)

26. Which of the following is true about the nature of Limitation Act?

a. It is not open to the parties to waive or contract themselves the period of limitation.

b. It is open to the defendant to give consent even in respect of a time-barred claim.

c. In considering whether a suit or proceeding is barred by limitation, the court will be entitled to
look into admission of the parties.

d. All of the above

27. Which of the following is true?

a. Section 4 has nothing to do with period of limitation. It does not add to the period of Limitation.

b. Section 4 only extends the concession that is notwithstanding that the period of limitation expires
on a day when the court is closed suit appeal or application may be filed on the day on which the
court reopens.

c. Both a and b

d. Neither a nor b

28. Section 5 of Act which deals with extension of prescribed period in certain cases. Which of the
following is true?

a. It applies only to appeals or applications and not to suits.

b. It applies to appeals and applications

c. It applies to appeals, suits and applications

d. It applies to only applications and suits

29. Which of the following is true?

a. In the case of State of West Bengal v. W.B. Judicial Service Association, 1990 (2) Cal. L.J. 73,
the Court held that “the doctrine of equality and rigid adherence to the said doctrine
notwithstanding, the Government can be classified as a distinct and separate group to warrant
different treatment in the section 5 of the Limitation Act”.

b. In G. Ramegowda v. Special Land Acquisition Officer (1988(2)SCC142) and Collector, Land

Acquisition v. Katiji (AIR 1987 SC 1353), the Court has stated the various reasons for adopting a
liberal approach towards the Government

c. Both a and b

d. Neither a nor b

30. Which of the following is true?

a. Section 5 applies to Criminal Appeals as well.

b. Delay in filing Criminal Appeal should be excused when where it was erroneously filed in
another court.

c. The delay in filing appeal against acquittal can be condoned under section 5. But sufficient cause
must be established to condone the delay by the appellate court.

d. All of the above

31. “Refusing to condone delay can result in a meritorious matter being thrown out at the very
threshold and cause of justice being defeated. As against this, when delay is condoned, the highest
that can happen is that cause would be decided on merits after hearing the parties”. This has been
held in

a. Collector, Land Acquisition v. Katiji (AIR 1987 SC 1353)

b. G. Ramegowda v. Special Land Acquisition Officer

c. Ajay Gupta v. Raju Rajendra Singh Yadav 2016(3) JBCJ 187 (SC)

d. West Bengal v. W.B. Judicial Service Association, 1990 (2) Cal. L.J. 73

32. “Even if the sufficient cause has been shown a party is not entitled to the condonation of delay
in question as a matter of right. The proof of a sufficient cause is a condition precedent for the
exercise of the discretionary jurisdiction vested in the court by section 5. This aspect of the matter
naturally introduces the consideration of all facts and it is at this stage the diligence of the party of
its bona fides may fall for consideration…This was held in the case of
a. National Insurance company v. SmtRuniyaBinha, 2008(3)JCR456(Jhr)

b. Special Tehisldar, Land Acquisition Kerala v. K.V. Aiyusuma, 1996(10) SCC 634

c. PundikJalamPatil v. Executive Engineer Jalgaon medium project, 2009(1) JLJR 76 SC

d. Ramlal and others v. Rewa Coalfields Ltd. [ AIR 1962 SC 361]

33. Which of the following is true about section 6 of the Act?

a. Section 6 provides only for suits or applications for execution of decree.

b. Section 6 does not cover a case of an application under O 21 R 90 CPC to set aside a sale held in
execution of a decree.

c. Section 6 does it apply to an application for the readmission of an appeal under O 41 R 10 of the
CPC.

d. All of the above

34. Sections 6,7 and 8 of the Act

a. from a group, they supplement each other and are not exclusive.

b. are inclusive

c. are mutually exclusive

d. does not supplement each other

35. Which of the following is true?

a. Section 7 provides that when one of several persons who are jointly entitled to institute a suit or
make an application for the execution of the decree is under any such disability, and a discharge can
be given without the concurrence of such person, time will run against all of them but where no
such discharge can be given, time will not run against all of them until one of them becomes capable
of giving discharge.

b. Further, as per Explanation II appended to section 7, the manager of a Hindu undivided family
governed by Mitakshara Law shall be deemed to be capable of giving a discharge without
concurrence of other members of family only if he is in management of the joint family property.

c. Both a and b

d. Neither a nor b
36. Which of the following is true?

a. The combined effect of s. 6, and s. 8 read with the third column of the appropriate Article of the
Limitation Act would be that a person under disability may sue within the same period as would
otherwise be allowed from the time specified therefore in the third column of the schedule

b. Special limitation as an exception has been provided in s. 8 laying down that the extended period
after cessation of disability would not be beyond three years of the cessation of disability or the
death of the disabled person.

c. Both a and b

d. Neither a nor b

37. Which provision is in the nature of proviso to sections 6 and 7?

a. Section 9

b. Section 8

c. Section 10

d. Section 11

38. Where time has begun to run owing to the right to sue having accrued to a person not laboring
under any legal disability, the subsequent disability of himself or his son or other representative is
not a ground of exemption from the operation of the ordinary rule. This is provided in

a. Section 9

b. Section 8

c. Section 10

d. Section 11

39. Where letters of administration to the estate of a creditor have been granted to his debtor, the
running of the period of limitation for a suit to recover the debt

a. shall continue without further effect

b. shall be suspended while the administration continues.

c. Either a or b

d. Neither a nor b
40. In computing the period of limitation in a suit for specific performance of agreement

a. the date of performance mentioned in the agreement will be excluded for computing the period of
limitation of two years

b. the date of performance mentioned in the agreement will be the date for reckoning the period of
limitation of three years

c. the date of performance mentioned in the agreement will be the date for reckoning the period of
limitation of three years and that date has to be excluded for computing the period of limitation for
three years which is the period of limitation for filing such a suit

d. the date of performance mentioned in the agreement will be the date for reckoning the period of
limitation of one year and that date has to be excluded for computing the period of limitation for one
year which is the period of limitation for filing such a suit

41. In computing the period of limitation for any suit, appeal or application, the day from which
such period is to be reckoned

a. may be excluded

b. shall be excluded

c. shall not be excluded

d. shall be excluded only on some considerations

42. In computing the period of limitation for an appeal or an application for leave to appeal or for
revision or for review of a judgment

a. the day on which the judgment complained of was pronounced shall be excluded

b. the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to
be revised or reviewed shall be excluded.

c. Both a and b

d. Neither a nor b

43. Which of the following is true?

a. Where a decree or order is appealed from or sought to be revised or reviewed, or when an

application is made for leave to appeal from a decree or order the time requisite for obtaining a copy
of the judgment on which the decree or order is founded shall also be excluded.
b. In computing the period of limitation for an application to set aside an award, the time requisite
for obtaining a copy of the award shall be excluded.

c. Both a and b

d. Neither a nor b

44. In computing the period of limitation prescribed for any suit or appeal in any case where an
application for leave to sue or appeal as a pauper has been made and rejected

a. the time during which the applicant has been prosecuting in good faith his application for such
leave shall be excluded

b. the court may, on payment of the court-fees prescribed for such suit or appeal, treat the suit or
appeal as having the same force and effect as if the court-fees had been paid in the first instance

c. Both a and b

d. Neither a nor b

45. Which of the following is true regarding exclusion of time of proceeding bona fide in court
without jurisdiction?

a. In computing the period of limitation for any suit the time during which the plaintiff has been
prosecuting with due diligence another civil proceeding, whether in a court of first instance or of the
appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same
matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction or other
cause of a like nature, is unable to entertain it.

b. In computing the period of limitation for any application, the time during which the applicant has
been prosecuting with due diligence another civil proceeding, whether in a court of first instance or
of appeal or revision, against the same party for the same relief shall be excluded, where such
proceeding is prosecuted in good faith in a count of first instance or of appeal or revision, against
the same party for the same relief shall be excluded, where such proceeding is prosecuted in good
faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to
entertain it.

c. Both a and b

d. Neither a nor b

46. Explanation to section 14 provides that

a. in excluding the time during which a former civil proceeding was pending, the day on which that
proceeding was instituted and the day on which it ended shall both be counted

b. a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding

c. misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with
defect of jurisdiction.

d. All of the above

47. The following condition must be satisfied for the application of section 14--

a. Both the prior and subsequent proceedings are civil proceeding prosecuted by the same party

b. The prior proceeding had been prosecuted with due diligence

c. The failure of the prior proceeding was on account of jurisdiction or subjects of like nature

d. All of the above

48. Benefit under Section 14 is not available in a

a. Civil Proceeding

b. Criminal Proceeding

c. Civil as well as Criminal Proceeding

d. Civil, Criminal and Appellate Proceedings

49. Which section provides for exclusion of time in certain other cases?

a. Section 16

b. Section 14

c. Section 15

d. Section 17

50. Which of the following is true?

a. In computing the period of limitation for any suit or application for the execution of a decree, the
institution or execution of which has been stayed by injunction or order, the time of continuance of
the injunction or order, the day on which it was issued or made, and the day on which it was
withdrawn, shall be excluded.
b. In computing the period of limitation for any suit of which notice has been given, or for which the
previous consent or sanction of the Government or any other authority is required, in accordance
with the requirements of any law for the time being in force, the period of such notice or, as the case
may be, the time required for obtaining such consent or sanction shall be excluded.

c. In computing the period of limitation for any suit or application for execution of decree by any
receiver of interim receiver appointed in proceedings for the adjudication of a person as an insolvent
or by any liquidator or provisional liquidator appointment in proceedings for the winding up of a
company, the period beginning with the date of institution of such proceeding and ending with the
expiry of three months from the date of appointment of such receiver or liquidator, as the case may
be, shall be excluded.

d. All of the above

51. Which of the following is true?

a. In computing the period of limitation for a suit for possession by a purchaser at a sale in execution
of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be
excluded.

b. In computing the period of limitation for any suit the time during which the defendant has been
absent from India and from the territories outside India under the administration of the Central
Government, shall be excluded.

c. Both a and b

d. Neither a nor b

52. Which of the following is true about section 16?

a. Section 16 confines to rights of action accruing after death.

b. It makes it applicable to rights of action accruing either simultaneous on death or thereafter of the
person suing or sued.

c. In order to attract the applicability of Section 16, it is necessary that the death must occur before
the right to institute a suit or make an application accrues.

d. All of the above

53. Which of the following cases are covered under section 17 of the Act?

a. Where the suit or application is based upon the fraud of the defendant or respondent or his agent
b. Where the knowledge of the right or title on which the suit or application is founded is concealed
by the fraud of any such person as aforesaid

c. Where the suit or application is for relief from the consequences of a mistake

d. All of the above

54. As provided in section 17 nothing shall enable any suit to be instituted or application to be made
to recover or enforce any charge against or set aside any transaction affecting, any property which

a. in the case of fraud, has been purchased for valuable consideration by a person who was not a
party to the fraud and did not at the time of the purchase know, or have reason to believe, that any
fraud had been committed

b. in the case of mistake, has been purchased for valuable consideration subsequently to the
transaction in which the mistake was made, by a person who did not know, or have reason to
believe, that the mistake had been made

c. in the case of a concealed document, has been purchased for valuable consideration by a person
who was not a party to the concealment and, did not at the time of purchase know, or have reason to
believe, that the document had been concealed.

d. All of the above

55. In a case where a judgment-debtor has, by fraud or force, prevented the execution of a decree or
order within the period of limitation, the Court

a. May, on the application of the judgment-creditor made after the expiry of the said period extend
the period for execution of the decree or order

b. Such application must be made within one year from the date of the discovery of the fraud or the
cessation of force, as the case may be

c. Both a and b

d. Neither a nor b

56. Section 17 does not apply to

a. Civil cases

b. Civil and Criminal cases

c. Criminal cases
d. Applications

57. Which of the following is true about acknowledgement of debt under section 18?

a. It is not necessary that an acknowledgment within Section 18 must contain a promise pay or
should amount to a promise to pay. [Subbarsadya v.Narashimha, AIR 1936 Mad.939]

b. The acknowledgement must be unqualified so as to create fresh cause of action. The

acknowledgement must be of existing liability.

c. It must be an acknowledgement of debt as such and must involve an admission of a subsisting

relationship of debtor and creditor

d. All of the above

58. Explanation (b) to S.18 provides that

a. The writing containing the acknowledgement need not be signed by the debtor himself

b. It would be sufficient if the signature is that of the agent.

c. Both a and b

d. Neither a nor b

59. Section 18 does not apply to

a. Execution of decree.

b. Appeals

c. Applications

d. Orders

60. For the purposes of section 19, it is further provided that

a. where mortgaged land is in the possession of the mortgagee, the receipt of the rent of produce of
such land be deemed to be a payment

b. "Debt" includes money payable under a decree or order of a court.

c. Both a and b

d. Neither a nor b

61. Which of the following is true?

a. According to Section 22 of the Limitation Act, 1963 in the case of a continuing breach of contract
or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the
time during which the breach or the tort, continues.

b. Section 22 provides for continuing breach of contract and not of successive breach of contract.

c. Both a and b

d. Neither a nor b

62. Which of the following is true about section 23?

a. The Section 23 of the Limitation Act is applicable to suits based on both torts and contracts.

b. It deals with a suit for compensation for an act which does not give rise to a cause of action.

c. To avail the benefit of Section 23 of the Limitation Act, it must be proved that some specific
injury has occurred to the plaintiff.

d. All of the above

63. Section 24 of the Act provides for

a. Computation of time mentioned in instrument

b. Acquisition of easements by prescription

c. Extension of prescribed period in certain cases

d. Exclusion of time in legal proceedings

64. In case of acquisition of easements by prescription—

a. Where the access and use of light or air to and for any building have been peaceably enjoyed
therewith as an easement, and as of right, without interruption, and for twenty years, and where any
way or watercourse or the use of any water or any other easement (whether affirmative or negative)
has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as
of right without interruption and for twenty years, the right to such access and use of light or air,
way, watercourse, use of water, or other easement shall be absolute and indefeasible.

b. Each of the said periods of twenty years shall be taken to be a period ending within two years
next before the institution of the suit wherein the claim to which such period relates is contested.
c. Where the property over which a right is claimed under sub-section (1) belongs to the
Government that sub-section shall be read as if for the words “twenty years” the words “thirty
years” were substituted.

d. All of the above

65. Which section provides for exclusion of time in favour of reversionary of servant tenement?

a. Section 23

b. Section 24

c. Section 26

d. Section 27

66. Under section 27, when will the right to property extinguish?

a. At the determination of the period hereby limited to any person for instituting a suit for
possession of any property

b. after a period prescribed in third schedule

c. after a period of three years

d. after a period of twelve years

67. Which of the following are true?

a. The Limitation Act shall not affect section 25 of the Indian Contract Act, 1872 (9 of 1872).

b. Where any special or local law prescribes for any suit, appeal or application a period of limitation
different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if
such period were the period prescribed by the Schedule and for the purpose of determining any
period of limitation prescribed for any suit, appeal or application by any special or local law, the
provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to
which, they are not expressly excluded by such special or local law.

c. The Limitation Act shall not apply to any suit or other proceeding under any such law relating to
marriage and divorce.

d. All of the above

68. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by
the Indian Limitation Act, 1908 is made under
a. Section 29

b. Section 30

c. Section 25

d. Section 26

69. The period of limitation with respect to suits relating to an account and a share of the profits of a
dissolved partnership is

a. Three years.

b. from the date of the dissolution.

c. Both a and b

d. Neither a nor b

70. Which of the following is true?

a. The period of limitation with respect to suits relating to contracts for a seaman’s wages is Three
years

b. The period of limitation with respect to suits relating to contracts for wages in the case of any
other person is one year

c. Both a and b

d. Neither a nor b

71. Which of the following periods of limitation is correctly matched?

a. For the price of lodging - Three years.

b. Against a carrier for compensation for losing or injuring goods. -Three years.

c. Against a carrier for compensation for non-delivery of, or delay in delivering, goods. -Three
years.

d. All of the above

72. The period of limitation for money payable for interest upon money due from the defendant to
the plaintiff is

a. Three years

b. Six Months
c. One Year

d. Twelve Years

73. Which of the following is true?

a. The period of limitation with respect to suits by a surety against the principal debtor is three years
from the date when the surety pays the creditor

b. The period of limitation with respect to suits by a surety against a co-surety is three years from
the date when the surety pays anything in excess of his own share.

c. Both a and b

d. Neither a nor b

74. What is the period of limitation with respect to suits for the profits of immovable property
belonging to the plaintiff which have been wrongfully received by the defendant?

a. Three years

b. Three years from the date when the profits are received

c. One Year

d. Two Years from the date when the profits accrue

75. Which of the following is true?

a. The period of limitation with respect to suit for specific performance of a contract is three years
from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice
that performance is refused.

b. The period of limitation with respect to suit for compensation for the breach of any contract,
express or implied not herein specially provided for is Three years from the date when the contract
is broken or (where there are successive breaches) when the breach in respect of which the suit is
instituted occurs or (where the breach is continuing) when it ceases.

c. Both a and b

d. Neither a nor b

76. Suits to declare the forgery of an instrument issued or registered shall have period of limitation
as

a. Two Years from the date when the issue or registration becomes known to the plaintiff.
b. Three years from the date when the issue or registration becomes known to the plaintiff.

c. One Year from the date when the issue or registration becomes known to the plaintiff.

d. Six Months from the date when the issue or registration becomes known to the plaintiff.

77. The period of limitation with respect to suits to cancel or set aside an instrument or decree or
for the rescission of a contract is

a. Three years

b. Two years

c. Six Months

d. One Year

78. In case of suits to set aside a transfer of property made by the guardian of a ward—

a. The period of limitation in suit by the ward who has attained majority is three years from the date
when the ward attains majority.

b. The period of limitation in suit by the ward’s legal representative, when the ward dies within
three years from the date of attaining majority is three years from the date when the ward attains
majority.

c. The period of limitation in suit by the ward’s legal representative, when the ward dies before
attaining majority is three years from the date when the ward dies.

d. All of the above

79. The period of limitation in a suit by a mortgagor, to redeem or recover possession of immovable
property mortgaged is

a. Thirty years.

b. from the date when the right to redeem or to recover possession accrues.

c. Both a and b

d. Neither a nor b

80. The period of limitation in a suit by a mortgagor, to recover possession of immovable property
mortgaged and afterwards transferred by the mortgagee for a valuable consideration is

a. Twelve years
b. from the date when the transfer becomes known to the plaintiff.

c. Both a and b

d. Three Years from the date when the transfer becomes known to the plaintiff

81. The period of limitation in a suit by a mortgagor, to recover surplus collections received by the
mortgagee after the mortgage has been satisfied is

a. Three years.

b. from the date when the mortgagor re-enters on the mortgaged property.

c. Both a and b

d. Neither a nor b

82. In case of a suit to enforce payment of money secured by a mortgage or otherwise charged upon
immovable property, the period of limitation is

a. Twelve years

b. from the date when the money sued for becomes due

c. Both a and b

d. Neither a nor b

83. In case of a suit by a mortgagee, for foreclosure, the period of limitation is

a. Thirty years.

b. from the date when the money secured by the mortgage becomes due.

c. Both a and b

d. Neither a nor b

84. In case of a suit by a mortgagee, for possession of immovable property mortgaged, the period of
limitation is

a. Twelve years.

b. from the date when the mortgagee becomes entitled to possession.

c. Both a and b

d. Neither a nor b
85. In suits for possession of immovable property based on previous possession and not on title,
when the plaintiff while in possession of the property has been dispossessed, the period of limitation
is

a. Three Years from the date of dispossession

b. Twelve years from the date of dispossession

c. Six Months from the date of dispossession

d. One Year from the date of dispossession

86. Which of the following is true?

a. The period of limitation with respect to suits for possession of immovable property when the
plaintiff has become entitled to possession by reason of any forfeiture or breach of condition is
twelve years from the date when the forfeiture is incurred or the condition is broken.

b. In suits by a landlord to recover possession from a tenant, the period of limitation is twelve years
from the date when the tenancy is determined.

c. Both a and b

d. Neither a nor b

87. Which of the following periods of limitation is correctly matched?

a. For specific movable property lost, or acquired by theft, or dishonest misappropriation or

conversion - Three years from the date when the person having the right to the possession of the
property first learns in whose possession it is.

b. For other specific movable property - Three years from the date when the property is wrongfully
taken.

c. Both a and b

d. Neither a nor b

88. In a suit for compensation for false imprisonment, the period of limitation is

a. One year from the date when the imprisonment ends

b. Two Years from the date when the imprisonment ends

c. Three Years from the date when the imprisonment ends

d. Six Months from the date when the imprisonment ends

89. The period of limitation in case of a suit for compensation for a malicious prosecution is

a. One year

b. Two years

c. Three Years

d. Six Months

90. Which of the following is true?

a. The period of limitation in suits for compensation for libel is One year from the date when the
libel is published.

b. The period of limitation in suits for compensation for slander is One year from the date when the
words are spoken, or, if the words are not actionable in themselves, when the special damage
complained of results.

c. Both a and b

d. Neither a nor b

91. Which of the following is true?

a. In computing the time requisite for obtaining a copy of the decree or an order any time taken by
the court to prepare the decree or order before application for copy thereof is made shall not be
excluded.

b. The interval between judgment and signing the decree cannot be excluded as the time requisite
without regard to the date of application for copies.

c. It is only the time required if the application is made that can be excluded as the time requisite.

d. All of the above

92. The period of limitation of suits to obtain a declaration that an alleged adoption is invalid, or
never, in fact, took place is from the date

a. When the alleged adoption becomes known to the plaintiff.

b. When the alleged adoption takes place

c. When the alleged adoption is invalid

d. When the alleged adoption becomes valid

93. In case of the suits to obtain any other declaration

a. The period of limitation is three years.

b. The period of limitation is to be computed from the date when the right to sue first accrues.

c. Both a and b

d. Neither a nor b

94. Which of the following is true?

a. The period of limitation with respect to suits for compensation for obstructing a way or a water-
course is three years from the date of the obstruction.

b. The period of limitation with respect to suits for compensation for diverting a water-course is
three years from the date of the diversion.

c. The period of limitation with respect to suits for compensation for trespass upon immovable
property is three years from the date of the trespass.

d. All of the above

95. Which of the following periods of limitation is correctly matched?

a. For compensation for infringing copyright or any other exclusive privilege -Three years from the
date of the infringement.

b. For compensation for injury caused by an injunction wrongfully obtained - Three years from the
date when the injunction ceases.

c. Both a and b

d. Neither a nor b

96. The period of limitation with respect to suits to enforce a right of pre-emption whether the right
is founded on law or general usage or on special contract is

a. One year

b. Two Years

c. Three Years
d. Twelve Years

97. The period of limitation with respect to a suit upon a judgment, including a foreign judgment, or
a recognizance is

a. Three years

b. to be computed from the date of the judgment or recognisance.

c. Both a and b

d. Neither a nor b

98. Which of the following is true?

a. The period of limitation with respect to a suit by a Hindu for arrears of maintenance is Three
years from the date when the arrears are payable.

b. The period of limitation with respect to a suit for possession of a hereditary office is Twelve years
from the date when the defendant takes possession of the office adversely to the plaintiff.

c. Both a and b

d. Neither a nor b

99. What is the period of limitation for any suit for which no period of limitation is provided
elsewhere in this Schedule?

a. Three years.

b. One Year

c. Twelve Years

d. Six Months

100. Which of the following is true?

a. The period of limitation with respect to suit for a review of judgment by a court other than the
Supreme Court is Sixty days from the date of the decree or order.

b. The period of limitation with respect to suit to record an adjustment or satisfaction of a decree is
ten days from the date when the payment or adjustment is made.

c. Both a and b

d. Neither a nor b
Answer Key

1. d 2. c 3. c 4. c 5. a 6. d 7. d

8. a 9. a 10. d 11. c 12. c 13. d 14. a

15.a 16. d 17. d 18. c 19. d 20. c 21. b

22. d 23. c 24. c 25. a 26. d 27. c 28. a

29. c 30. d 31. a 32.d 33. d 34. a 35. c

36. c 37. b 38. a 39. b 40. c 41. b 42. c

43. c 44. c 45. c 46. d 47. d 48. b 49. c

50. d 51. c 52. d 53. d 54. d 55. c 56. c

57. d 58. c 59. a 60. a 61. c 62. d 63. a

64. d 65. c 66. a 67. d 68. b 69. c 70. a

71. d 72. a 73. c 74. b 75 c

76 b

77 a

78. d

79. c

80. c

81. c

82. c

83. c

84. c

85. b

86. c

87. c

88. a
89. a

90. c

91 d

92. a

93. c

94. d
95 c
96 a
97 c
98 c
99 a
100 d

Few Explanations

1. Section 2 (a)

2. Section 2 (b) and Section 2 (c)

3. Section 2 (d)

4. Section 2 (e)

5. Section 2 (f)

6. Section 2 (g), Section 2 (h), Section 2 (i)

7. Section 2 (j)

8. Section 2 (k) and Section 2 (l)

9. Section 2 (m)

10. Section 2 (n)

11. -

12. -

13. -

14. -
15. -

16. -

17. -

18. -

19. -

20. -

21. Section 3

22. Section 3

23. Section 3

24. Section 3

25. -

26. -

27. -

28. -

29. -

30. -

31. -

32. -

33. -

34. -

35. -

36. -

37. -

38. -

39. Section 9
40. -

41. Section 12 (1)

42. Section 12 (2)

43. Section 12 (3) and Section 12 (4)

44. Section 13

45. Section 14

46. Explanation to section 14

47. Section 14

48. Section 14

49. Section 15

50. Section 15 (1), Section 15 (2) and Section 15 (3)

51. Section 15 (4) and Section 15 (5)

52. Section 16

53. Section 17

54.

55. Section 17 (2)

56.

57. Section 18

58. Section 18

59.

60. Section 19

61. Section 22

62. Section 23

63.

64. Section 25
65. Section 26

66. Section 27

67. Section 29

68.

69. Article 5 to the Schedule

70. Articles 6 and 7

71. Articles 9, 10 and 11

72. Article 25

73. Articles 42 and 43

74. Article 51

75. Articles 54 and 55

76. Article 56

77. Article 59

78. Article 60

79. Article 61a

80. Article 61b

81. Article 61c

82. Article 62

83. Article 63a

84. Article 63b

85. Article 64

86. Articles 66 and 67

87. Articles 68 and 69

88. Article 73

89. Article 74
90. Articles 75 and 76

91.

92. Article 57

93. Article 58

94. Articles 85, 86 and 87

95. Articles 88 and 90

96. Article 97

97. Article 101

98. Articles 105 and 107

99. Article 113

100. Articles 124 and 125