For the purposes of section 3 of the Limitation Act, 1963, which claims are treated as separate suits?
Section 3(2)(b) of the Limitation Act, 1963 treats a set-off and a counterclaim as separate suits. The set-off is deemed instituted on the date of the suit in which it is…
Choose your answer
For the purposes of section 3 of the Limitation Act, 1963, which claims are treated as separate suits?
Answer and explanation
Correct answer C
Section 3(2)(b) of the Limitation Act, 1963 treats a set-off and a counterclaim as separate suits.
The set-off is deemed instituted on the date of the suit in which it is pleaded. The counterclaim is deemed instituted on the date it is made in court.
Option feedback
Option A
A set-off is treated as a separate suit, and so is a counterclaim.
Option B
A counterclaim is treated as a separate suit, and so is a set-off.
Option C
Section 3(2)(b) treats both claims as separate suits.
Option D
Section 3(2)(b) expressly covers both claims.
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