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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…

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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?

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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.

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