Skip to content

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

A suit's limitation period under the Indian Limitation Act, 1908 had already expired before the Limitation Act, 1963 came into force. What does the 1963 Act provide about instituting that suit?

Nothing in the 1963 Act enables a suit to be instituted if its period under the 1908 Act expired before the 1963 Act commenced. Already barred claims are not revived, even if the new Act prescribes a longer period.

  1. ANothing in the 1963 Act enables such a suit to be institutedCorrect
  2. BThe 1963 Act revives it for a further period of seven years
  3. CThe suit may be filed if the 1963 period is longer
  4. DThe suit may be filed within ninety days of commencement

Explanation

Section 31(a) says nothing in the Act enables any suit, appeal or application to be instituted for which the 1908 Act period expired before commencement. So there is no revival. The seven-year and ninety-day periods in section 30 apply to shorter-period cases that had not expired, not to already barred claims.

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