An Indian civil court finds on established facts that a suit was filed after the prescribed period and…
Section 3(1) requires dismissal of a suit filed after the applicable period even if limitation was not pleaded, subject to sections 4 to 24. The facts establish the bar and…
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An Indian civil court finds on established facts that a suit was filed after the prescribed period and no statutory exclusion or saving applies. The defendant did not plead limitation. What must the court do under section 3(1) of the Limitation Act, 1963?
Answer and explanation
Correct answer D
Section 3(1) requires dismissal of a suit filed after the applicable period even if limitation was not pleaded, subject to sections 4 to 24.
The facts establish the bar and rule out an applicable exclusion or saving.
Option feedback
Option A
The court's statutory duty applies even when the defendant has not pleaded limitation.
Option B
Section 3 does not make dismissal conditional on an objection at any stage.
Option C
Consent alone cannot override the statutory duty on these facts.
Option D
Section 3(1) requires dismissal even if limitation was not raised as a defence.
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West Bengal Judicial Services
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CUET PG Law (LL.M.)
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