A court has jurisdiction over the parties and the subject matter. It grants a civil application despite…
An existing time bar requires dismissal under section 3 of the Limitation Act, 1963, subject to the statutory exceptions. A competent court’s erroneous allowance of a late…
Choose your answer
A court has jurisdiction over the parties and the subject matter. It grants a civil application despite a subsisting statutory time bar and no applicable exception. What follows solely from its error on limitation?
Answer and explanation
Correct answer A
An existing time bar requires dismissal under section 3 of the Limitation Act, 1963, subject to the statutory exceptions. A competent court’s erroneous allowance of a late application is open to challenge. The limitation error alone does not make the order a nullity for want of jurisdiction.
Option feedback
Option A
The court breaches the limitation rule while exercising jurisdiction it already has.
Option B
The failure to apply limitation does not itself deprive the court of jurisdiction over the parties or subject matter.
Option C
Section 3 still binds a court that is competent to entertain the class of case.
Option D
Section 3 applies even when the opposing party does not plead limitation.
Practice for these exams
-
Odisha Judicial Services
-
CUET PG Law (LL.M.)
Subject revision