Law of limitation

1)The limitation period for filing a suit is 3 years. However the plaintiff was imprisoned during the period
of 3 years. Can you see condonation of delay in filing the suit after coming out of jail? Decide

Ans.

In the case of time but suits, can petitioner seek condonation of delay?

Yes he can but he has to satisfy the court with sufficient cause for the delay in filing the.

Condonation of delay will be allowed because imprisonment of the petitioner is a good ground.

2) when limitation period expires during summer holidays, when the court is closed then then suit can
be filed? Give reasons

Ans. As per the rule of limitation period, when the limitation period expires on any holiday, it the next
working day will be considered as the expiry day, so he can file the suit after the holidays of the court.

3)A plaintiff wants to file a suit in the lower court and whose cause of action is time barred, files a
condone delay petition in the same court. Is that petition maintainable?

Ans .

Condonation of delay can be filed in the same court but there has to be a sufficient cause to convince
the court.

4)X what’s the owner of immovable property. That property was in position of y from the year 1998. X
filed a suit against wife or recovery of that property on the basis of title in the year 2012. Is it
maintainable?

For any immobile property the period of filing a suit is 12 years as per schedule 1. In the given case it is
exceeding the limitation period of 12 years. Hence the suit is not maintainable.

5)A lower court passed degree in suit 12.12.2012 but certified copy of the degree was taken by the
defendant on 30.12 2012. He wants to file an appeal against it. What is the date from which the
limitation period starts. Explain

Ans. limitation period should be calculated from the date of degree or judgement issued and not from
pronouncement of the same.

EXECUTION PETITION
1)A filed executive petition against B and short for attachment and sale of property of B. He further
prayed for the arrest of B can he do so?

Ans.Can The decree holder choose both attachment and arrest or arrest without going for attachment?
No, he cannot do both at a time. Arrest is possible only after exhausting all other options. In the given
case the degree holder cannot go for arrest of debtor. First you should try to recover the money if it is
not possible then he can go for arrest of the debtor.

2)X wants arrest of the defendant in a suit for recovery of immovable property. Can he do so? Explain

Ans.Same as above

NON JOINING OF PARTIES

1) X failed to include a necessary party in the pleadings and what is the effect of non joinder of an
necessary party in a civil suit?

The court may either dismiss the suit or allow to add necessary parties to the suit. In the absence of
an necessary party the court cannot pass and effective decree. The court will allow the plane if to
add necessary parties to the suit.

JURISDICTION

1) A suit for maintenance is filed in the junior civil judges court. Is it maintainable?

Ans. No, all family court related issues like maintenance, adoption, divorce are dealt win family
courts under subject matter jurisdiction.

2)A file the shoot against be for recovery of rupees 500000 in junior civil judges court based on a
negotiable instrument. Is the suit maintenable?

Ans. Yes, this court is competent to deal up to 20 lakh of amount under pecuniary jurisdiction.

PLACE OF SUING

1) A contract was signed by A and B at Hyderabad. But A is a resident of Tirupati and B is a resident
of Bangalore. If A wants to file a suit for enforcement of a contract, where can he file a suit
against B?

Ans The suit can be filed at a place of defendant or where the cause of action arises. In the above
case the plaintive can file the case where defendant is residing that is Bangalore or at a place of
cause of action that is Hyderabad.
2)A is a resident of Delhi. B is a resident of Mumbai. A published in Hyderabad statements defeatory
of B. In which place the suit can be filed?

Ans. In this case the definitely statements are made in Hyderabad and the case can be filed in
Hyderabad or in Delhi where A the defendant is residing.