A plaintiff sues the defendant on the basis of the defendant's fraud. The plaintiff discovers it and…
Section 17(1) postpones the start of limitation for a suit based on the defendant's fraud until the plaintiff discovers it or could with reasonable diligence have discovered…
Choose your answer
A plaintiff sues the defendant on the basis of the defendant's fraud. The plaintiff discovers it and could not reasonably have discovered it earlier. Assume that no statutory exception applies. Under section 17(1)(a) of the Limitation Act, 1963, what triggers the start of limitation?
Answer and explanation
Correct answer B
Section 17(1) postpones the start of limitation for a suit based on the defendant's fraud until the plaintiff discovers it or could with reasonable diligence have discovered it.
The plaintiff could not reasonably have discovered the fraud earlier, so actual discovery triggers the start of limitation.
Option feedback
Option A
The stated fraud qualifies for postponement under section 17(1)(a).
Option B
Actual discovery governs because reasonable diligence could not have uncovered the fraud earlier.
Option C
Obtaining legal advice is not the statutory trigger.
Option D
Filing the suit does not start the limitation clock for bringing it.
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