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

Under section 30(a) of the Limitation Act, 1963, a suit had a period shorter than that under the Indian Limitation Act, 1908. When may it be instituted after commencement of the 1963 Act, subject to the proviso?

Such a suit may be instituted within seven years next after commencement of the 1963 Act or within the period prescribed by the Indian Limitation Act, 1908, whichever expires earlier. The proviso can then allow the 1963 Act period in certain cases.

  1. AWithin seven years after commencement or within the 1908 Act period, whichever expires earlierCorrect
  2. BWithin seven years after commencement or within the 1908 Act period, whichever expires later
  3. CWithin ninety days after commencement or the 1908 Act period, whichever expires earlier
  4. DWithin five years after commencement or the 1908 Act period, whichever expires earlier

Explanation

Section 30(a) allows a suit within seven years next after commencement or within the period prescribed by the 1908 Act, whichever expires earlier. Seven replaced the original five by the 1969 amendment, so five years is wrong. Ninety days applies only to appeals and applications under clause (b).

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