Important Questions on Limitation Act for CLAT PG

A) 12 years
B) 30 years
C) 3 years
D) 60 years

Correct Answer: B) 30 years

Explanation: According to Article 61(a) of the Schedule to the Limitation Act, 1963, a suit by a mortgagor to redeem or recover possession of immovable property has a limitation period of 30 years from the date when the right to redeem or recover accrues.

A) Before the expiry of the limitation period
B) Within 12 years from the date of accrual of cause of action
C) Within 3 years from the date of the first default
D) Before the institution of the suit, irrespective of limitation expiry

Correct Answer: A) Before the expiry of the limitation period

Explanation: Section 18 of the Limitation Act provides that an acknowledgment of liability in writing, signed by the party against whom the right is claimed, before the expiry of the limitation period, results in a fresh start of limitation from the date of acknowledgment.

A) The date of arrest
B) The date of filing the charge sheet
C) The date when the plaintiff is acquitted
D) The date when the suit is filed

Correct Answer: C) The date when the plaintiff is acquitted

Explanation: Under Article 74 of the Limitation Act, the limitation period for filing a suit for compensation for malicious prosecution is one year from the date when the plaintiff is acquitted or when the prosecution is otherwise terminated in his favor.

A) 30 days
B) 60 days
C) 90 days
D) 45 days

Correct Answer: B) 60 days

Explanation: As per Article 116(a) of the Limitation Act, the period for filing an appeal to the High Court under the CPC is 60 days from the date of the decree or order appealed from.

A) All suits, appeals, and applications
B) Appeals and certain applications but not suits
C) Only civil suits
D) Writ petitions before the Supreme Court

Correct Answer: B) Appeals and certain applications but not suits

Explanation: Section 5 of the Limitation Act allows the court to condone the delay in filing appeals and applications if the applicant proves sufficient cause. However, it does not apply to suits, which must be filed strictly within the prescribed limitation period.

A) 30 days
B) 60 days
C) 90 days
D) 1 year

Correct Answer: A) 30 days

Explanation: Under Article 123 of the Limitation Act, the limitation period for filing an application to set aside an ex-parte decree is 30 days from the date of the decree or when the applicant first becomes aware of it.

A) Deducted from the total limitation period
B) Considered only if the delay is justified
C) Counted as part of the limitation period
D) Deducted only in criminal matters

Correct Answer: A) Deducted from the total limitation period

Explanation: Section 12(2) of the Limitation Act states that the time required for obtaining a certified copy of a decree, order, or judgment shall be excluded while computing the period of limitation for an appeal or revision.

A) 12 years
B) 3 years
C) 6 years
D) 30 years

Correct Answer: B) 3 years

Explanation: As per Article 135 of the Limitation Act, the limitation period for execution of a decree granting a mandatory injunction is 3 years from the date of the decree or order.

A) The limitation period runs from the date of knowledge of the injury
B) Limitation does not run against a person unable to act
C) Limitation applies strictly to all cases without exception
D) Delay can be condoned if it does not exceed half the limitation period

Correct Answer: B) Limitation does not run against a person unable to act

Explanation: The Latin maxim “contra non valentem agere nulla currit praescriptio” means limitation does not run against a person who is unable to act due to legal disability, fraud, or force.

A) The title of the owner is extinguished
B) The owner can still claim compensation
C) The owner can seek relief under Article 226
D) The owner may file for declaratory relief

Correct Answer: A) The title of the owner is extinguished

Explanation: Section 27 of the Limitation Act states that when the limitation period for a suit to recover possession of immovable property expires, the owner’s title itself is extinguished, meaning he loses his ownership rights.