A Counter Claim, for the purposes of Limitation Act, is deemed to have been instituted:
Section 3(2)(b) treats set-off and counterclaim as separate suits for limitation, with different deemed institution dates. Set-off uses the original suit date; counterclaim…
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A Counter Claim, for the purposes of Limitation Act, is deemed to have been instituted:
Answer and explanation
Correct answer B
Section 3(2)(b) treats set-off and counterclaim as separate suits for limitation, with different deemed institution dates. Set-off uses the original suit date; counterclaim uses the day it is made in court. Neither party may choose a beneficial alternative.
See section 3(2)(b) of the Limitation Act, 1963.
Option feedback
Option A
The suit-date relation-back rule applies to set-off, not counterclaim.
Option B
A counterclaim is instituted when made in court.
Option C
The statute does not let the defendant select the beneficial date.
Option D
The statute does not let the plaintiff select the beneficial date.
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