Interview Questions on Limitation Act

Ans. The Limitation Act prescribes periods after the expiry of which a suit, etc, cannot be maintained in a court to enforce a right. It is based on two broad considerations. First, there is the presumption that a right not exercised for a long time is non-existent. Laws come to the assistance of the vigilant and not of the sleepy; VigilantibusNon-Dormientibus Jura Subveniunt

Second, an unlimited and perpetual threat of litigation creates insecurity and uncertainty, some kind of limitation is essential for public order.

Q. Limitation bars the remedy but not the right. Explain.

Ans. The rules for limitation are not meant to destroy the rights of the parties. They are meant to see that the plaintiff does not take delaying tactics but seeks remedy within the period stipulated by the legislature. The right continues to exist even though the remedy is barred by limitation.

Section 27 of the Limitation Act which deals with extinguishment of right to property provides an exception to this general principle that in personal actions, the Limitation Act bars only the remedy and does not extinguish the right. Accordingly, to section 27 in a suit for possession of any property on the determination of limitation period not only the remedy but the right also is extinguished.

Q What is the doctrine of sufficient cause?

Ans. Any appeal or any application, other than an application under any of the provisions of Order XXI of the CPC 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 (sec.5). For the sufficiency of the cause the court is required to look into all the facts of the case. The question has to be decided on the facts and circumstances existing in a particular case. No doubt, the consideration has to be exercised on sound judicial principles and not on the mere fancy or whims of the court.

Q. What is the doctrine of acknowledgment?

Ans. Where before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derived his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed. Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, oral evidence of its contents shall not be received. (Sec.18)

Q. What is the effect of fraud or mistake on limitation?

Ans. Where, in the case of any suit or application for which a period of limitation is prescribed by the Limitation Act

(a) the suit or application is based upon the fraud of the defendant or respondent or his agent; or

( b) the knowledge of the right or title on which a suit or application is founded is concealed by the fraud of any such person as aforesaid, or

( c) the suit or application is for relief from the consequences of a mistake, or

(d) where any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him; the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake or could, with reasonable diligence, has discovered it, or in the case of a concealed document until the plaintiff or the applicant first had the means of producing the concealed document or compelling its production. (sec.17)

Q. What is the difference between the period of limitation and the prescribed period?

Ans. Period of limitation means the period of limitation prescribed for any suit, appeal or application by the Schedule, and “prescribed period” means the period of limitation computed in accordance with the provisions of this Act. (Sec. 2j)

Q. How the period of limitation can be computed?

Ans. Period of limitation can be computed in accordance with the provision of section 4- 24 of the Limitation Act.

Q Time commences to run, the moment the right to sue accrues. Is there any exception to this rule?

Ans. Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it. Provided that where letters of administration to the estate of a creditor have been granted to his debtor, the running of the period of limitation for a suit to recover the debt shall be suspended while the administration continues. (sec.9)

Q What is the doctrine of legal disability?

Ans. Legal disability is https://iasnext.com/july-2023-magazine/ and of legal qualifications to sue owing to minority, lunacy, and idiocy. The legal disability is that it extends the period of limitation but it does not prevent the period from running. Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceases, as would otherwise have been allowed from the time specified therefor in the third column of the Schedule. Where such person is, at the time from which the prescribed period it to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so specified. (sec.6)