Period of limitation under the Limitation Act, 1963 for a suit to cancel or set aside an instrument or…
Under Article 59 of the Schedule (First Division, Part IV — Suits relating to Decrees and Instruments) to the Limitation Act, 1963, the period of limitation for a suit 'to…
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Period of limitation under the Limitation Act, 1963 for a suit to cancel or set aside an instrument or decree or for rescission of a contract is
Answer and explanation
Correct answer C
Under Article 59 of the Schedule (First Division, Part IV — Suits relating to Decrees and Instruments) to the Limitation Act, 1963, the period of limitation for a suit 'to cancel or set aside an instrument or decree or for the rescission of a contract' is three years, computed from when the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first become known to him.
Option feedback
Option A
Incorrect. One year applies to suits such as setting aside a sale by a civil or revenue court (Article 99) or altering/setting aside summary decisions (Article 100), not to general suits under Article 59 to cancel or set aside an instrument or decree or for the rescission of a contract.
Option B
Incorrect. Two years is not the limitation period prescribed under Article 59 of the Limitation Act, 1963.
Option C
Correct. Under Article 59 of the Schedule to the Limitation Act, 1963, the period of limitation to cancel or set aside an instrument or decree or for the rescission of a contract is three years from when the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first become known to him.
Option D
Incorrect. Twelve years applies to suits for possession of immovable property (such as Articles 64 and 65), not to suits under Article 59 to cancel or set aside an instrument or decree or for the rescission of a contract.
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CUET PG Law (LL.M.)
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