A civil suit has abated. What is the prescribed limitation period for an application under Order XXII…
Article 121 of the Limitation Act, 1963 allows sixty days from abatement to apply to set it aside under Order XXII rule 9. The ninety-day period from death under article 120…
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A civil suit has abated. What is the prescribed limitation period for an application under Order XXII rule 9 of the Code of Civil Procedure, 1908, to set aside that abatement?
Answer and explanation
Correct answer C
Article 121 of the Limitation Act, 1963 allows sixty days from abatement to apply to set it aside under Order XXII rule 9.
The ninety-day period from death under article 120 applies to the distinct substitution application.
Option feedback
Option A
Article 121 uses the date of abatement and allows sixty days.
Option B
Death starts the separate ninety-day substitution period under article 120.
Option C
Article 121 prescribes sixty days measured from the date of abatement.
Option D
Article 121 uses abatement as the starting point. Ignorance of death can matter when the court considers sufficient cause for delay.
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Maharashtra Judicial Services
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CUET PG Law (LL.M.)
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