Multiple Choice Questions on the Limitation Act for CLAT PG 2026
1. Which of the following statements accurately reflects the impact of the Limitation Act, 1963 on the rights of a person to seek legal remedies?
a) It expands the scope of legal remedies available to individuals, ensuring more avenues for justice.
b) It imposes a statutory timeframe within which legal actions must be initiated, barring remedies sought beyond this period.
c) It has no bearing on the timeline for seeking legal remedies, as it primarily deals with procedural aspects of court proceedings.
d) It allows for indefinite delays in initiating legal actions, provided there is a valid reason for the delay.
Correct Answer: b) It imposes a statutory timeframe within which legal actions must be initiated, barring remedies sought beyond this period.
Explanation: The Limitation Act, 1963 is primarily concerned with prescribing periods of limitation for various legal actions. If a suit, appeal, or application is not filed within the period specified in the Schedule of the Act, it is barred by limitation, meaning the party loses their right to seek a legal remedy. The Act does not expand remedies or allow indefinite delays; instead, it ensures timely pursuit of legal rights.
2. Section 5 of the Limitation Act, 1963, which allows for the condonation of delay, can be applied under which of the following circumstances?
a) In any suit or appeal where the delay is unintentional.
b) Only in criminal proceedings where the accused was unaware of the charges.
c) When the party seeking condonation provides sufficient cause for the delay in filing an appeal or application.
d) Automatically, for delays of less than 30 days in filing any legal action.
Correct Answer: c) When the party seeking condonation provides sufficient cause for the delay in filing an appeal or application.
Explanation: Section 5 of the Limitation Act provides that a court may admit an appeal or an application after the prescribed period if the appellant or applicant satisfies the court that they had sufficient cause for not making the appeal or application within such period. This section is discretionary and requires the party to demonstrate a legitimate reason for the delay, not merely unintentionality. It does not apply automatically or to all types of legal actions.
3. In the context of the Limitation Act, 1963, what does the term ‘acknowledgment of liability’ signify, and what is its effect on the limitation period?
a) It refers to a formal admission of guilt in a criminal case, extending the time for sentencing.
b) It means that a debtor admits to owing a debt, which provides a fresh starting point for the limitation period.
c) It is a statement by a plaintiff waiving their right to sue, thereby shortening the limitation period.
d) It is a court order that officially recognizes a legal obligation, with no impact on the limitation period.
Correct Answer: b) It means that a debtor admits to owing a debt, which provides a fresh starting point for the limitation period.
Explanation: Under Sections 18 and 19 of the Limitation Act, an acknowledgment of liability in respect of a property or right made in writing and signed by the party against whom such right is claimed, before the expiration of the prescribed period for a suit or application based on such right, has the effect of creating a new period of limitation from the date of the acknowledgment. This essentially gives the creditor more time to bring a suit.
4. Which of the following situations is NOT covered under the provisions for exclusion of time in legal proceedings as per the Limitation Act, 1963?
a) Time spent applying for a necessary stay order which is eventually granted.
b) Time during which the defendant was residing outside India.
c) Time spent in prosecuting a similar case in a court that lacks jurisdiction.
d) Time spent on frivolous appeals or applications meant only to delay proceedings.
Correct Answer: d) Time spent on frivolous appeals or applications meant only to delay proceedings.
Explanation: The Limitation Act, 1963, provides for the exclusion of time in certain circumstances to ensure fairness. This includes time spent:
- Applying for a stay order
- During which the defendant is outside India
- Prosecuting a similar case in a court without jurisdiction
However, time spent on frivolous appeals or applications intended to delay proceedings is not excluded, as it does not contribute to genuinely pursuing a legal remedy.
5. What is the effect on the limitation period when a payment is made on account of a debt or legacy before the expiration of the prescribed period, according to the Limitation Act, 1963?
a) The payment has no effect on the limitation period.
b) It extends the limitation period indefinitely.
c) A fresh period of limitation is computed from the time when the payment was made.
d) It reduces the limitation period by half.
Correct Answer: c) A fresh period of limitation is computed from the time when the payment was made.
Explanation: As per Section 20 of the Limitation Act, where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy, or by their agent duly authorized in this behalf, a fresh period of limitation shall be computed from the time when the payment was made. This provision encourages and acknowledges partial fulfillment of obligations, providing a renewed opportunity for legal action if the remaining debt is not settled.
6. Under the Limitation Act, 1963, what is the limitation period for filing a suit for compensation for libel?
a) One year from the date of publication.
b) Three years from the date of the libelous statement.
c) Six months from the date the libel came to the plaintiff’s knowledge.
d) Two years from the date of the injury to reputation.
Correct Answer: a) One year from the date of publication.
Explanation: According to the Schedule of the Limitation Act, 1963, the limitation period for filing a suit for compensation for libel is one year, commencing from the date when the libel is published. This short limitation period reflects the need for prompt action in cases involving defamation to mitigate potential damages effectively.
7. In the context of the Limitation Act, 1963, what is the significance of ‘continuous running of time’ and what are the exceptions to this rule?
a) It means that the limitation period, once started, stops running if the defendant leaves the country.
b) It implies that once the limitation period begins, it continues to run uninterrupted, except under specific statutory exceptions like fraud or acknowledgment.
c) It suggests that time stops running on weekends and public holidays.
d) It allows the court discretionary powers to halt the limitation period based on the plaintiff’s personal circumstances.
Correct Answer: b) It implies that once the limitation period begins, it continues to run uninterrupted, except under specific statutory exceptions like fraud or acknowledgment.
Explanation: The principle of continuous running of time means that once the limitation period for a suit, appeal, or application has started, it continues to run until the period expires, regardless of intervening circumstances, unless there is a specific provision in the Limitation Act that provides an exception. Exceptions include instances of fraud, mistake, acknowledgment of liability, or part payment, which can create a new starting point for the limitation period.
8. How does the Limitation Act, 1963, address situations where a suit is based on fraud or mistake?
a) The limitation period starts running immediately, regardless of whether the fraud or mistake is discovered.
b) The limitation period is extended indefinitely to ensure justice.
c) The limitation period begins to run from the time the fraud or mistake is discovered, or could have been discovered with reasonable diligence.
d) The court has the discretion to decide when the limitation period starts, depending on the severity of the fraud or mistake.
Correct Answer: c) The limitation period begins to run from the time the fraud or mistake is discovered, or could have been discovered with reasonable diligence.
Explanation: According to Section 17 of the Limitation Act, 1963, where a suit is based upon the fraud of the defendant or their agent, or the knowledge of the plaintiff of the right or title on which a suit is founded is concealed by the fraud of any such person, or is based upon the mistake of the plaintiff, the time begins to run when the fraud or mistake is first known to the plaintiff or when the plaintiff could have discovered it with reasonable diligence.
9. What is the primary difference in the applicability of the Limitation Act, 1963 to suits and appeals versus applications?
a) The Act applies only to suits and appeals, not to applications.
b) The principles of the Act apply uniformly to suits, appeals, and applications without any distinction.
c) Certain sections, like condonation of delay, have specific conditions for their applicability to appeals and applications that may not apply to suits.
d) The limitation periods for suits are generally shorter than those for appeals and applications.
Correct Answer: c) Certain sections, like condonation of delay, have specific conditions for their applicability to appeals and applications that may not apply to suits.
Explanation: While the Limitation Act, 1963 covers suits, appeals, and applications, certain provisions, such as Section 5 concerning the condonation of delay, are explicitly applicable to appeals and applications but not suits. The Act treats each category distinctly in some respects, recognizing the different procedural contexts in which they arise.
10. In cases involving claims by or against a deceased person, how does the Limitation Act, 1963, account for the period between the death and the appointment of a legal representative?
a) The limitation period is suspended indefinitely until a legal representative is appointed.
b) The time between the death and the appointment of a legal representative is excluded when computing the limitation period.
c) The limitation period continues to run uninterrupted, regardless of whether a legal representative has been appointed.
d) The court has the discretion to either exclude or include the time, depending on the circumstances of the case.
Correct Answer: b) The time between the death and the appointment of a legal representative is excluded when computing the limitation period.
Explanation: According to Section 16 of the Limitation Act, 1963, in situations where a person dies before the right to sue accrues or after it has accrued but before a suit can be brought, the period between the death of the person and the date on which a legal representative is appointed or an administrator is appointed to the estate of the deceased, shall be excluded in computing the period of limitation for a suit. This ensures that the estate has adequate time to address legal matters without being unfairly prejudiced by delays in the appointment process.
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Ruchika Mohapatra
Contributing author
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