Section 3: Bar of limitation

Questions on this section

6 questions in 22 of our papers cite Section 3. Try these from the free papers:

1. 1. Section 3 of the Limitation Act, 1963 requires a suit instituted after the prescribed period to be dismissed even though limitation has not been set up as a defence. The law of limitation reflects the maxim:

   A.Actus curiae neminem gravabitB.Vigilantibus non dormientibus jura subveniuntC.Nemo debet bis vexari pro una et eadem causaD.Quando lex aliquid alicui concedit, concedere videtur
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2. 2. Consider the following statements regarding Section 3(2)(b) of the Limitation Act, 1963: 1. A claim by way of set off is treated as a separate suit. 2. A set off is deemed to have been instituted on the same date as the suit in which it is pleaded. 3. A counter claim is deemed to have been instituted on the same date as the suit in which it is made. Which of the statements given above is/are correct?

   A.1 and 3 onlyB.1 and 2 onlyC.1, 2 and 3D.2 only
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3. 3. In Punjab National Bank v. Surendra Prasad Sinha (1992), the Supreme Court held that where the creditor's remedy against the principal debtor has become barred by limitation:

   A.the creditor may recover from the surety only the interest, and not the principal amountB.the surety becomes liable only if he has acknowledged the debt afresh in a signed writingC.the surety stands discharged, since his liability is co-extensive with that of the debtorD.the debt is not extinguished, and the surety's liability on the guarantee subsists
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