limitation act 1908 mcqs llb part 3

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limitation act 1908 MCQs

limitation act 1908 MCQs covers most important question in different exams.

CONDONATION OF DELAY

  1. Every appeal or application should be filed within the prescribed period of

time

2. Section 5, Limitation Act 1908 provides

condonation of delay

3. Section 5, Limitation Act provides the ……… responsible for the delay.

circumstances

4. Section 5, Limitation Act 1908 applies to Appeal, Application of Revision, Review and

Leave to appeal

5. Section 5, Limitation Act 1908 does not apply to

Suits

6. Section 5, Limitation Act does not apply to

Re-admission of application dismissed in default by appellant u/s 166

Set aside ex-parte against a deceased plaintiff u/s 793

Set aside an award

special Law

7. Section 5, Limitation Act 1908 does not apply to proceedings under

family law ordinance 1961

8. Delay of …….. is counted if sufficient cause is not shown

One day

9. Sufficient cause means ……. beyond the control of the party concerned

circumstances

10. Test means whether the party can avoid circumstances with

due care

11. Following are sufficient causes

The fact, applicant was misled by order, practice or judgment of higher court

Wrong forum, if it is in good faith

Illness, if shown it is impossible for the party

12. There are two ways by which condonation of delay is granted

Party should move an application in the court

Court is empowered to take Sou Moto if memo of appeal constitute sufficient cause

13. Condonation of Delay is matter of Judicial Discretion, not the

right of a party

14. If delay is not condoned valuable rights are accrued to

successful party

……………………………………………………………………………………………………………….

limitation act 1908 MCQs

                                    LEGAL DISABILITY 

  1. Limitation in a case begins when the cause of …….. arose

action

2. Section 6 to 8 of Limitation Act 1908 provides for the

legal disability

3. Legal disability means the want of legal qualification to sue because of minority, lunacy,

and idiocy

4. Time and legal disability does not run from the accrual of the cause but

subsequent date

5. Legal disability must be of a person who

files an application

6. Legal disability must be initial not the subsequent to the

time

7. A person with legal disability must file suit when disability

ceases to exist

8. Legal disability u/s 6 for minor is ….. to file a suit

18+3 years

9. Legal disability for minor under guardian to file a suit is

21+3 years

10. Insane does not include a person with temporary loss of memory or mere

a weakness of intellect

11. An idiot is a person who cannot see things as

they are

12. When there are two successive disabilities, period of limitation begins of cessation of both

u/s 6 (2)

13. In case of disability till death of the representative of the deceased may file suit

u/s 6 (3) three years

14. If the disability continues till death of the person and his representative is also disable then limitation begins when his disability ceases to exist

u/s 6 (4)

15. When several persons or plaintiffs are under disability, however, if the discharge is given

run against all

………………………………………………………………………………………………………………

limitation act 1908 MCQs

LIMITATION BEGINS TO RUN ONCE

  1. Section 9, limitation act 1908, provides rule for

continuous running of time

2. Where time begins to run, no subsequent disability or inability to the sue

stop it

3. Disability means want of ……. to act

legal qualification

4. Inability means want of ……… to act

physical power

5. Under section 9 of the limitation act 1908, disability or inability relates to

plaintiff

6. When right to sue or to be sued lies in the same person, running of time suspends during ……. of rights

union

7. Limitation time does not include the time for obtaining a ……. of the decree, sentence, order judgment and award under section 12.

copy

8. As a result, one person being out of Pakistan under federal government time shall

not be computed

9. Under section 14, limitation act 1908 if court determines suit/proceeding on ground of no jurisdiction the time lapse shall be

excluded

10. Where institution of suit or execution of decree is stayed by injunction or order, by virtue of section 15 following shall be excluded

time of making application, withdrawal of suit, time consumed during proceeding

11. Time period of notice served under the law of the time being, time does not compute

u/sec 15 (2)

12. Under section 16, the time for a suit of possession by auction-purchaser excludes from time consumed during any proceeding to ……….. sale.

set aside


                 THE EFFECT OF FRAUD ON LIMITATION 

  1.  In the case of fraud, the time period of limitation to file a suit would be completed from the date of______

discovering of fraud

2.Which section of limitation act attracts the fraud case

section 18

3.The active deceit in defrauding or endeavoring to defraud a person of his right by artful device or concealment of fact is called ____

fraud

4.There are ______types of fraud affecting the period of limitation

3

5. The defendant may ______ the right to see or made an application from the plaintiff____

conceal

6. The defendant may conceal the______fraudulently from the plaintiff

title

7.The ______is foundation on applictaion is made

title

8.The defendant may conceal ____necessary to establish a right to see the fraudulently from the plaintiff

document

9. When right/title is concealed the period of limitation begins when the fraud —–become known to the plaintiff____

first

10.The document is concealed, the period of limitation does not begin on —–of document

discovery

11.In the case of a document, the period of limitation begins when the plaintiff has ____to production or compel its production

means

12.U/s 18 the plaintiff must _____of fraud against defendant

plea

13. The plaintiff must prove his cause ___has been concealed by fraud

of action

14. The plea of fraud is admissible only if fraud is committed by the party against whom the-____is enforced

right

15. Plea of fraud can not be established against a person who claims through defendant in —–or valuable consideration

good faith

16. The plaintiff must prove that he is in _____since the fraud is discovered

time

17. The plaintiff must deliberate concealment of fact instead____of the opposite party ___

mere negligence

18. Sec18 gives benefit in suits and application, not in _____

appeals

19. The delay in the appeal are dealt under sec______ of the limitation act

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