Skip to content

CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation

A judgment-debtor, by fraud, prevented the execution of a decree within the limitation period. The judgment-creditor discovers the fraud later. Under Section 17(2), within what time must the creditor apply for extension of the period for execution?

The application must be made within one year from the date of discovery of the fraud. Section 17(2) allows the court to extend the period for executing the decree if the judgment-creditor applies within that one year, or within one year of cessation of force.

  1. AWithin one year from the date of discovery of the fraudCorrect
  2. BWithin three years from the date of the decree
  3. CWithin sixty days from the date of discovery
  4. DWithin thirty days from the expiry of the original period

Explanation

Section 17(2) lets the court extend the period for execution on the creditor's application, provided it is made within one year from the date of discovery of the fraud or the cessation of force. The other periods do not appear in the section.

Did you get it right without looking?

One question tells you little. A timed set on Law relating to Limitation shows your real accuracy, how long you take and where you lose marks.

Practise Law relating to LimitationFree diagnostic mock

More Law relating to Limitation questions