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The Limitation Act 1908 MCQS

The Limitation Act of 1908 establishes the time limits for filing various legal actions in Pakistan, including definitions, exceptions, and specific provisions for different cases. It outlines the consequences of failing to file within the prescribed periods, including the dismissal of suits and the impact of legal disabilities. The Act also addresses the effects of fraud, acknowledgment, and the addition of parties in legal proceedings.
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100% found this document useful (1 vote)
874 views16 pages

The Limitation Act 1908 MCQS

The Limitation Act of 1908 establishes the time limits for filing various legal actions in Pakistan, including definitions, exceptions, and specific provisions for different cases. It outlines the consequences of failing to file within the prescribed periods, including the dismissal of suits and the impact of legal disabilities. The Act also addresses the effects of fraud, acknowledgment, and the addition of parties in legal proceedings.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The Limitation act 1908 MCQS

Section 1 – Short Title, Extent, and Commencement

Q1. What is the short title of the Limitation Act?


A. Civil Procedure Act
B. Limitation Ordinance
C. Limitation Act, 1908
D. The Time Act
Answer: C

Q2. The Limitation Act, 1908 extends to:

A. Whole of Pakistan
B. Punjab only
C. Sindh only
D. Islamabad only
Answer: A

Q3. The Limitation Act, 1908 came into force on:

A. 1st January 1909


B. 1st July 1908
C. 1st October 1908
D. 1st March 1909
Answer: A

Section 2 – Definitions

Q4. Under Section 2, "applicant" includes:


A. Plaintiff only
B. Defendant only
C. A person making any application
D. Only Government officers
Answer: C

Q5. What does "period of limitation" mean?


A. Time to file a civil suit
B. Time to file an appeal
C. Time prescribed in the Schedule
D. Unlimited time to sue
Answer: C

Section 3 – Bar of Limitation

Q6. According to Section 3, every suit filed after the prescrib


ed period shall be:
A. Admitted
B. Dismissed
C. Put on hold
D. Settled amicably
Answer: B

Q7. Is the court bound to apply limitation even if not pleade


d?

A. Yes
B. No
C. Only if requested by the defendant
D. Discretion of the judge
Answer: A

Section 4 – Expiry of Prescribed Period When Court is Closed

Q8. If the limitation period expires on a holiday, the applicati


on may be made:

A. On next working day


B. Any day later
C. Within 10 days
D. Within 30 days
Answer: A

Section 5 – Extension of Prescribed Period in Certain Cases

Q9. Section 5 applies to:


A. Suits only
B. Applications and appeals
C. Criminal cases
D. None of the above
Answer: B

Q10. Delay in filing an appeal can be condoned:


A. Automatically
B. If sufficient cause is shown
C. On lawyer's request
D. Never
Answer: B

Section 6 – Legal Disability

Q1. If a person entitled to sue is under legal disability, limita


tion begins:
A. From the date of cause of action
B. After disability ceases
C. After 6 months
D. After 1 year
Answer: B

Q2. Legal disability includes:

A. Minor and insane persons


B. Illiterate persons
C. Jobless persons
D. None of the above
Answer: A

Q3. If multiple disabilities exist, limitation begins:


A. When the first disability arises
B. When any one disability ends
C. When the last disability ends
D. It never begins
Answer: C

Section 7 – Disability of One of Several Persons

Q4. If one of several joint plaintiffs is under disability, the li


mitation runs:
A. For all
B. Separately for each
C. Only for disabled person
D. None of the above
Answer: A

Q5. In joint right cases, legal disability of one does not preve
nt:

A. The others from filing suit


B. Court from refusing case
C. Delay in limitation
D. Dismissal
Answer: A

Section 8 – Special Exceptions

Q6. Section 8 provides that legal disability cannot extend li


mitation beyond:
A. 3 years
B. 6 years
C. 12 years
D. Unlimited
Answer: C

Q7. Maximum extension allowed due to disability is:


A. 3 years
B. 12 years
C. 15 years
D. No limit
Answer: B

Section 9 – Continuous Running of Time

Q8. Once time has begun to run, no subsequent disability:


A. Stops it
B. Extends it
C. Affects it
D. All of the above
Answer: D

Q9. Section 9 deals with:


A. Fresh causes
B. Continuing tort
C. Continuous running of limitation
D. Joint liability
Answer: C

Section 10 – Suits Against Trustees

Q10. Section 10 applies to suits against:


A. Minors
B. Trustees
C. Government
D. Partners
Answer: B

Q11. No limitation applies to suits against a trustee for:


A. Money lent
B. Breach of trust
C. Personal injury
D. Immovable property
Answer: B

Q12. Does Section 10 protect dishonest trustees from limitat


ion?
A. Yes
B. No
C. Sometimes
D. Only if authorized
Answer: B

Section 11 – Suits on Contracts Entered Outside British India

Q1. Section 11 applies to suits based on contracts:


A. Executed within Pakistan
B. Executed outside British India
C. Oral agreements only
D. Criminal contracts
Answer: B

Q2. A suit on a contract made outside British India is subject


to:
A. Foreign limitation law
B. Limitation Act 1908
C. Civil Procedure Code
D. Criminal Procedure Code
Answer: B

Q3. For foreign contracts, limitation is governed by:


A. Country of origin only
B. Indian Law only
C. Limitation Act if suit filed in Pakistan
D. U.N. treaties
Answer: C

Section 12 – Exclusion of Time in Legal Proceedings

Q4. Time taken to obtain certified copy of judgment is:


A. Included in limitation
B. Excluded from limitation
C. Optional to count
D. Conditionally counted
Answer: B

Q5. Which periods are excluded while computing limitation?

A. Time to get copy of decree


B. Time to file written statement
C. Time to find lawyer
D. Time spent on notice
Answer: A

Q6. Section 12 is most relevant in:


A. Civil suits
B. Appeals and applications
C. FIR registrations
D. Recovery suits only
Answer: B

Section 13 – Exclusion of Time in Cases Where Leave to Sue


or Notice Required

Q7. If notice or leave is required before filing suit, the time s


pent in such procedure is:
A. Counted in limitation
B. Excluded from limitation
C. Added to limitation
D. Ignored
Answer: B

Q8. Section 13 covers:


A. Private contracts
B. Suits requiring prior notice or permission
C. Oral agreements
D. Suits between partners only
Answer: B

Section 14 – Exclusion of Time of Proceeding in a Court With


out Jurisdiction

Q9. Time spent in a court without jurisdiction is:


A. Wasted
B. Included in limitation
C. Excluded if done in good faith
D. Ignored by court
Answer: C

Q10. Section 14 benefits a litigant who:


A. Acts with negligence
B. Files in wrong forum in good faith
C. Changes lawyer repeatedly
D. Files suit after 10 years
Answer: B

Q11. “Good faith” under Section 14 means:

A. Lack of intention to deceive


B. Complete knowledge of law
C. Legal strategy
D. Intentional delay
Answer: A

Section 15 – Exclusion of Time in Certain Other Cases

Q12. When the institution of a suit is stayed by injunction, t


he period is:
A. Counted normally
B. Extended by 1 year
C. Excluded from limitation
D. Reduced
Answer: C

Q13. Section 15 covers:


A. Time barred suits
B. Periods when plaintiff is forcibly restrained
C. Suits against Government only
D. None of the above
Answer: B

Q14. Time during which notice is required before suit (again


st Govt.) is:
A. Excluded
B. Doubled
C. Added
D. Ignored
Answer: A

Section 16 – Effect of Death on or Before the Accrual of the R


ight to Sue

Q1. If a person who has the right to sue dies before the right
accrues, the limitation period:
A. Starts from original date
B. Starts when legal representative can sue
C. Is forfeited
D. Doubles automatically
Answer: B

Q2. Section 16 deals with:


A. Legal disability
B. Death affecting the cause of action
C. Fraudulent transfer
D. Adverse possession
Answer: B

Section 17 – Effect of Fraud or Mistake

Q3. When fraud is discovered, limitation begins:


A. From the date of fraud
B. From date of discovery of fraud
C. From date of filing complaint
D. After 3 years
Answer: B

Q4. Section 17 applies when:


A. Mistake of law is made
B. Fraud or mistake prevents knowledge of right
C. Limitation is extended by mutual agreement
D. Time expires naturally
Answer: B

Q5. Which of the following extends limitation under Section


17?
A. Government order
B. Ignorance of law
C. Fraud
D. Court delay
Answer: C

Section 18 – Effect of Acknowledgment in Writing

Q6. Acknowledgment must be made:


A. In person
B. In writing before expiry of limitation
C. After expiry of limitation
D. Verbally
Answer: B

Q7. Acknowledgment in writing under Section 18:


A. Creates new liability
B. Is invalid unless signed
C. Extends the limitation period
D. Is optional for court to consider
Answer: C

Q8. Acknowledgment can be made by:


A. Plaintiff only
B. Defendant or his agent
C. Only court
D. Police officer
Answer: B
Section 19 – Effect of Payment on Account of Debt or Interes
t

Q9. A fresh limitation period starts if payment of debt is ma


de:
A. After limitation expires
B. Within limitation period
C. In cash only
D. Verbally confirmed
Answer: B

Q10. Payment must be acknowledged in:


A. Registered deed
B. Open court
C. Writing signed by the person making it
D. Notarized document
Answer: C

Q11. Section 19 applies to:


A. Gifts
B. Civil torts
C. Debts and interests
D. Divorce cases
Answer: C

Section 20 – Effect of Substituting or Adding New Plaintiff or


Defendant

Q12. If a new plaintiff or defendant is added, suit is deemed


instituted:
A. On original date
B. On date of substitution
C. As per court discretion
D. None of the above
Answer: B

Q13. Substitution is effective only when:


A. Made within limitation
B. Made by plaintiff’s request
C. Court allows and is satisfied with bona fide mistake
D. Filed by police
Answer: C
Q14. Section 20 addresses:
A. Jurisdiction
B. Joinder of parties
C. Substitution and addition of parties
D. Delay condonation
Answer: C

Section 21 – Effect of Substituting or Adding New Plaintiff or


Defendant (continued)

Q1. When a new defendant is added after the limitation peri


od, the suit is:
A. Automatically allowed
B. Barred unless court is satisfied with good faith
C. Heard without objection
D. Extended by 30 days
Answer: B

Q2. Substitution of a new party after limitation is valid only i


f:
A. Lawyer consents
B. Opponent allows
C. Court is satisfied there was no negligence
D. Plaintiff pays fine
Answer: C

Section 22 – Continuing Breaches and Torts

Q3. In case of continuing torts or breaches, a fresh limitatio


n period:
A. Begins every day the wrong continues
B. Never begins
C. Is fixed to one month
D. Applies once only
Answer: A

Q4. Section 22 is applicable to:


A. One-time offences only
B. Continuing breaches or torts
C. Criminal liability
D. Rent agreements
Answer: B

Q5. Each day of continuing injury gives:


A. A new cause of action
B. No legal remedy
C. Reason for delay
D. Automatic compensation
Answer: A

Section 23 – Suits for Compensation for Acts Not Actionable


Without Special Damage

Q6. Limitation for suits requiring special damage begins fro


m:
A. Date of general injury
B. Date when special damage occurs
C. Date of legal notice
D. Filing of suit
Answer: B

Q7. Section 23 applies when:


A. Injury is obvious
til a later date
C. Contract is written
D. Tort is continuing
Answer: B

Section 24 – Computation Time Mentioned in Instruments

Q8. Section 24 clarifies computation of time in:


A. Criminal cases
B. Judicial review
C. Instruments/documents
D. Appeals only
Answer: C

Q9. In computing time under Section 24, the day from which
time is to be reckoned is:
A. Included
B. Excluded
C. Doubled
D. Optional
Answer: B

Section 25 – Acquisition of Easement by Prescription

Q10. Easement rights by prescription can be acquired by:


A. Owner of land forcibly
B. Enjoyment of right for 20 years
C. Verbal agreement
D. Police order
Answer: B

Q11. Prescriptive easement under Section 25 requires:


A. Continuous and peaceful use
B. Use by court permission
C. Use with threat
D. Registration only
Answer: A

Q12. In Government land, easement can be acquired after:


A. 10 years
B. 15 years
C. 20 years
D. 30 years
Answer: D

Section 26 – Exclusion in Favor of Reversioner of Servant

Q1. Section 26 provides exclusion of time in favor of:


A. Landlords
B. Reversioners of a servant
C. Legal heirs of minors
D. Plaintiffs in criminal cases
Answer: B

Q2. A reversioner is:


A. A temporary tenant
B. A person entitled to succeed upon determination of prior i
nterest
C. One who revokes a contract
D. None of the above
Answer: B
Section 27 – Extinguishment of Right to Property

Q3. Under Section 27, when the limitation period expires:


A. The remedy is lost but right survives
B. The right to property is extinguished
C. Extension is automatic
D. New limitation starts
Answer: B

Q4. Section 27 applies to:


A. Criminal property
B. Movable property only
C. Suits for possession of property
D. Agreements
Answer: C

Section 28 – [Repealed]

Q5. Section 28 of the Limitation Act:


A. Provides new rules for contract
B. Has been repealed
C. Deals with acknowledgment
D. Regulates appeals
Answer: B

Section 29 – Savings

Q6. Section 29 saves:


A. Local and special laws from being affected by Limitation A
ct
B. Only constitutional laws
C. Criminal laws
D. Family laws only
Answer: A

Q7. Limitation period under special/local laws is:


A. Governed by Limitation Act unless expressly excluded
B. Always overridden by this Act
C. Fixed at 1 year
D. Automatically doubled
Answer: A
Section 30 – Provision for Suits, etc. for Which the Period Pr
escribed is Shortened

Q8. Section 30 provides protection for:


A. Criminal suits
B. Those whose limitation was shortened by the Act
C. Tax claims
D. Tenancy claims
Answer: B

Q9. Time limit for filing such suits under Section 30 was:
A. 6 months
B. 1 year
C. 3 years
D. Unlimited
Answer: B

Section 31 – Provisions as to Bar of Limitation and Effect of


Acquiescence

Q10. Section 31 clarifies that:


A. Delay cannot be excused
B. Old law applies to old suits
C. New law affects pending suits
D. Nothing in the Act shall affect existing rules unless menti
oned
Answer: D

Q11. Acquiescence means:


A. Legal proof
B. Silent consent or implied acceptance
C. Objection in writing
D. Affidavit
Answer: B

Section 32 – Repeal

Q12. Section 32 of the Limitation Act:


A. Extends limitation to 30 years
B. Repeals old enactments mentioned in the Schedule
C. Declares criminal limitation
D. Allows oral suits
Answer: B

Q13. The Limitation Act, 1908 repealed previous laws listed i


n:
A. Constitution
B. Penal Code
C. The Schedule to the Act
D. Civil Rules
Answer: C

Prepared by :
CH. IJAZ AHMED RAJPUT ADVOCATE HIGH

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