CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation
Under the Limitation Act, 1963, in an ordinary case a suit is treated as instituted on the date when:
In an ordinary case a suit is instituted when the plaint is presented to the proper officer of the court. Service of summons, filing of the written statement or the first hearing does not fix the date of institution for limitation purposes under Section 3(2)(a)(i).
- Athe summons is served on the defendant
- Bthe plaint is presented to the proper officerCorrect
- Cthe written statement is filed by the defendant
- Dthe court first hears the plaint
Explanation
Section 3(2)(a)(i) provides that in an ordinary case a suit is instituted when the plaint is presented to the proper officer. Service of summons or hearing dates are irrelevant to this point.
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