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### Where can I get Test Series and Practice Sets on Limitation Act 1963

tesTopper provides a remarkable plateform for practicing Limitation Act 1963 for all state judicial services examinations and public prosecutors officers examinations such as Higher judicial services, additional district judge exam, judicial magistrate exams, civil judge junior division examination, Assistant prosecutors examination, central buearue of investigation public prosecutors, assistant district attorney, district prosecution officer exam, RJS,DJS, pcs j, cj, hjs, apo, ada, adpo, jm, and all other judicial services examination called with whatever name.

Practice Sets on Limitation Act 1963 are important part of any judicial services examination. Atleast 5-10 questions from this sections were asked during the exam. tesTopper has good collection on questions based on Limitation Act 1963 from previous year examinations and ffrom our Legal Experts Team at tesTopper.

Judicial Services aspirants can also see previous years questions papers , model papers on different subject such as Indian Penal Code, Indian Evidence Act, Indian Contract Act, Muslim law, Hindu law, Criminal Procedure Code , Limitation Act 1963 and all central acts which come into thier competititive examination for different year such as 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023. The vacancies whenever notified by the various high court or state public service commission are also displayed on the site for user perusal so that they may fill thier examination form on time.

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## 1. Bar of Limitation – Doctrine of Sufficient Cause for Condonation of Delay

Section 5 of the Limitation Act, 1963 allows the extension of prescribed period in certain cases on sufficient cause being shown for the delay. This is known as doctrine of “sufficient cause”.Section 5 provides that any appeal or application(not plaint or suit) may be admitted after the prescribed period if the appellant or the applicant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application within such period.

Section 5 applies only to appeals or applications. The reason for non-applicability of the Section to suits is that, the period of limitation allowed in most of the suits extends from 3 to 12 years whereas in appeals and application it does not exceed 6 months.
Examples of sufficient cause: What is sufficient cause and what is not may be explained by the following judicial observations:

• Wrong practice of High Court which misled the appellant or his counsel in not filing the appeal should be regarded as sufficient cause under Section 5.
• In certain cases, mistake of counsel may be taken into consideration in condensation of delay, but such mistake must be bona fide.
• Wrong advice given by advocate can give rise to sufficient cause in certain cases.
• Mistake of law in establishing or exercising the right given by law may be considered as sufficient cause. However, ignorance of law is not excuse, not the negligence of the party or the legal adviser constitutes a sufficient cause.
• Imprisonment of the party or serious illness of the party may be considered for condonation of delay.
• Time taken for obtaining certified copies of the decree of the judgment necessary to accompany the appeal or application was considered for condoning the delay.
• Non-availability of the file of the case to the State Counselor Panel Lawyer is no ground for condonation of inordinate delay.
• Ailment of father during which period the defendant was looking after him has been held to be a sufficient and genuine cause.

## 2. Barring Remedy not Right

The Law of limitation is based on equitable principle that equity helps the diligent and not the indolent. It induces the claimants to be prompt in claiming the relief.The law of limitation bars the remedy only after the limitation period has expired, but it does not extinguish a right on which the suit has to be based.

In all personal actions the right subsists although the remedy is no longer available. If, therefore, a creditor, whose debt becomes statute barred, has any means of realizing and enforcing claim by any method except by a suit, the Limitation Act does not prevent him from recovering his debt by such means. Thus, if a time barred debt is settled outside the Court, it is not illegal. If the debtor without being aware of bar of time pays debt, he cannot sue the creditor to refund the money paid to him on the ground of recovery being time barred.

Example: Ram owes Shyam a sum of  2,00,000. The debt is barred because of the law of limitation. The Court shall dismiss the suit if filed by Shyam for the recovery of the debt after the period of limitation (i.e. after 3 years). However, if Ram pays Shyam the amount even after the same has become time barred, the payment would be a valid one.

• Law of Limitation bars the remedy, but does not extinguish the right
The Limitation Act, 1963 makes specific provisions for exclusion of certain time in some cases for computation of the prescribed period of limitation.These provisions are as under:
1. Exclusion of time in legal proceedings (section 12).
2. Exclusion of time during which leave to sue or appeal as a pauper is applied for (section 13).
3. Exclusion of time bona fide taken in a court without jurisdiction (section 14).
4. Exclusion of time in certain other cases (sections 15, 16 & 17).
• Provisions relating to persons under legal disability under the Limitation Act, 1963
Legal disability [Section 6]: Law of limitation relating to legally disabled persons is explained below:
1. If a person entitled to institute a suit or make an application is a minor, insane or idiot at the time of cause of action, the period of limitation to file a suit or to make an application will start when such disability ceases.
2. Where one legal disability is followed by another legal disability, the disabilities are successive and the limitation period will run when all the legal disabilities are ceased.
3. If a legal disability continues up to a death, then period of limitation will run for legal representative (who is not legally disabled) from the date of death.
4. Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died.

## 3. Continuous Running of Time – No subsequent disability or inability to institute a suit or make an application can stop it

Time for limitation runs when the cause of action accrues. However, certain exceptions were provided in Sections 4 to 8. Section 4 provides that if the period prescribed expires on a day when the Court is closed, the application etc, may be made on the day, the Court reopens. As per Section 5 condonation of delay is allowed on sufficient grounds. Sections 6, 7& 8 allow extension of time in certain cases of disability.

Continuous running of time [Section 9]: Once a period of limitation starts no subsequent disability or inability can stop it. The applicability Section 9 is limited to suits and applications only and does not apply to appeals unless the case fell within any of the exceptions provided in the Act itself.

Section 9 applies when the cause of action or right to move the Court continues to exist on the date of making the application. Thus, the time runs, when the cause of action accrues. Thus, once time has begun to run, no subsequent disability or inability stops it.

Example: Manoj died on 3rd August, 2016 before a right to institute a suit accrued, leaving behind a minor son of the age of 15 years. Decide the time from where the period of limitation shall be calculated under Limitation Act, 1963.

Section 9 of the Limitation Act, 1963 states that, once time begins to run no subsequent disability or inability can stop to institute a suit or make an application. For a given case, the period of limitation will run from the date of loan (i.e. cause of action). There is no disability at that time and time has begun to run from the date of loan itself. Subsequent disability i.e. the son was minor have no use. The limitation period in this case will end after 3 years from the date of loan (i.e. cause of action).

## 4. Computation of Period of Limitation

The Limitation Act, 1963 makes specific provisions for exclusion of certain time in some cases for computation of the prescribed period. These provisions are follows: In case of any suit, appeal or application, the period of limitation is to be computed exclusive of the day on which the time begins to run. [Section 12(1)]

1. The day on which the judgment complained or was pronounced and 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. [Section 12(2)]
2. Time required for obtaining a copy of the judgment on which the decree or order is founded shall also be excluded. [Section 12(3)]
3. Time required for obtaining a copy of the award shall be excluded. [Section 12(4)]
4. Time during which the applicant has been prosecuting in good faith, his application for “leave to sue or appeal as a pauper is applied for”, shall be excluded. [Section 13]
5. Civil proceeding relating to the matter in issue had been initiated in a Court which is unable to entertain it, by lack of jurisdiction or by any other like cause shall be excluded. [Section 14]
6. Exclusion of time in certain other cases [Sections 15, 16 & 17]:
1. If suit or application for the execution of a decree had been stayed by an injunction or order then such period of injunction shall be excluded.
2. Time required obtaining the sanction/consent of the Government shall be excluded.
3. The time during which the defendant has been absent from India and from the territories outside India but administered by the Central Government, shall be excluded.
4. Where the suit or application is a based upon the fraud or mistake of the defendant or respondent or his agent or in other cases as mentioned in Section 17, the period of limitation shall not begin to run until the plaintiff or applicant has discovered fraud or mistake subject to certain exceptions.
1.

## 5. Effect of Acknowledgement

As per Section 18 of the Limitation Act, 1963, following are the requirements for a valid acknowledgement:

1. There must be admission or acknowledgement.
2. Such acknowledgement must be of an existing liability in respect of a property or right.
3. It must be made in writing and signed by the party against whom such property or right is claimed, and
4. It must be made before the expiry of period of limitation.

If all the above conditions are satisfied, a fresh period of limitation shall be computed from the time when the acknowledgement was signed.

## 6. Effect of Payment of Debt or Interest

Acknowledgement” and “Payment Against Debt”
Effect of payment of debt or interest: As per Section 19 of the Limitation Act, 1963, 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 his agent duly authorized in this behalf, a fresh period of limitation shall be computed from the time when the payment was made.Thus, according to this Section afresh period of limitation becomes available to the creditor when part-payment of debt is made by the debtor before the expiration of the period of limitation.

Example: On 30th November, 2008, Mohan took a loan of  20,000 from Sohan. He paid ` 5,000 to him on 31st August, 2011, towards part-payment. After that, Sohan did not receive any amount from Mohan. Subsequently, Sohan instituted a suit for recovery of the dues from Mohan after the expiry of 2 years from the date of last part-payment. Advise, whether (i) the suit is maintainable; and (ii) the part-payment is an acknowledgement of payment.Limitation period for the present case is 3 years from the date of loan. Thus, limitation period will start from 1.12.2008 and will end on 30.11.2011.

According to Section 19 of the Limitation Act, 1963 afresh period of limitation becomes available to the creditor when part-payment of debt is made by the debtor before the expiration of the period of limitation.As per facts given in case Mohan has made part payment on 31.8.2011 i.e. before the expiry of original limitation period hence a fresh period of limitation of 3 years will start from 31.8.2011. Since, Mohan has made application after 2 years from the date of 31.8.2011, the suit is maintainable as limitation period will end at 3 years from the date of 31.8.2011.

### Important Points in Limitation Act 1963

Law students preparing for exams in 2022 frequently wonder about the important sections of Limitation Act 1963. It can be challenging to cover the entire Limitation Act 1963 if you have limited time. This is where a list of essential and important sections of Limitation Act 1963comes in handy.

Another good thing about having a list of useful Limitation Act 1963 sections is that you are not left clueless and stuck wondering what to start reading for an exam. So to ease your confusion, here are the most important sections of the Limitation Act 1963.

Limitation Act is important for understanding procedural law. The right can be claimed within the period of limitation only. Once the time elapses, the right becomes imperfect and not enforceable.

Every section and article of Limitation Act, 1963 is important and can’t be left assuming unimportant. One should read the whole bare act carefully. It is short, simple, and easy to understand. Still, for the purpose of this post and law exams, here are the most important sections of the Limitation Act.

## Important Sections of Limitation Act, 1963

Section 2 – Definitions.
Section 3 – Bar of limitation.
Section 4 – Expiry of prescribed period when court is closed.
Section 5 – Extension of prescribed period in certain cases.
Section 6 – Legal disability.
Section 10 – Suits against trustees and their representatives.
Section 12 – Exclusion of time in legal proceedings.
Section 13 – Exclusion of time in cases where leave to sue or appeal as a pauper is applied for.
Section 15 – Exclusion of time in certain other cases.
Section 16 – Effect of death on or before the accrual of the right to sue.
Section 18 – Effect of acknowledgement in writing.
Section 20 – Effect of acknowledgement or payment by another person.
Section 21 – Effect of substituting or adding new plaintiff or defendant.
Section 24 – Computation of time mentioned in instruments.
Section 25 – Acquisition of easement by prescription.
Section 27 – Extinguishment of right to property.

### Important Articles of the Limitation Act

Article 5, Article 19, Article 27, Article 51 and Article 52, Article 54, Article 56, Article 59, Article 60 to Article 65, Article 68, Article 78, Article 90, Article 97, Article 105, Article 109, Article 113 to Article 116, Article 120, Article 123 and Article 124, Article 130, Article 134 and Article 135, Article 137.

### Limitation Act for Exams

Limitation Act has 32 sections, and thus, it would be best if you focus on all of these. Still, I hope the list of above most important sections helped you gain some valuable perspective from the exams’ point of view.

tesTopper also offers MCQ Tests that have mixed questions from various important law subjects. These are important for all law exams like Judiciary, CLAT, semester exams, and more.

### Practice Sets for State Judicial Services & Other Law Exams

Judicial Services aspirants can practice unlimited on any of the following modules important for judicial services. In almost all state judicial services exams, these modules contain significant no of questions. We at tesTopper collected and prepared almost 300+ Module tests for judicial services aspirants.

 Module Practice Sets Constitution of India Code of Civil Procedure, 1908 Transfer of Property Act, 1882 Indian Contract Act, 1872 Specific Relief Act, 1963 Limitation Act, 1963 MP Accommodation Control Act, 1961 MP Land Revenue Code, 1959 Indian Evidence Act, 1872 Indian Penal Code, 1861 Code of Criminal Procedure, 1973 Negotiable Instruments Act, 1881 Hindu Marriage Act Muslim Law Sale of Goods Act 1930 Special Relief Act 1963 Public International Law

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