To have the legal representative of a deceased plaintiff or appellant, or of a deceased defendant or…
Article 120 of the Schedule to the Limitation Act, 1963 prescribes 90 days from the date of death to apply to substitute the deceased party’s legal representative. Where…
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To have the legal representative of a deceased plaintiff or appellant, or of a deceased defendant or respondent, made a party under the Code of Civil Procedure, 1908, the period of limitation prescribed from the date of death (under Article 120 of the Schedule to the Limitation Act, 1963) is:
Answer and explanation
Correct answer C
Article 120 of the Schedule to the Limitation Act, 1963 prescribes 90 days from the date of death to apply to substitute the deceased party’s legal representative. Where substitution is required and the proceeding abates for failure to substitute in time, Article 121 gives 60 days from abatement to apply to set it aside. Order XXII of the Code of Civil Procedure, 1908 governs when substitution and abatement apply, including in appeals.
Option feedback
Option A
Ninety days is the substitution period under Article 120. Adding the separate 60-day period under Article 121 does not extend the ordinary time for applying for substitution.
Option B
Incorrect. 'Sixty days' is the period prescribed under Article 121 of the Limitation Act, 1963 for an application to set aside an abatement from the date of abatement, not the period under Article 120 from the date of death.
Option C
Correct. Under Article 120 of the Schedule to the Limitation Act, 1963 (read with Order XXII of the Code of Civil Procedure, 1908), the period of limitation to have the legal representative of a deceased plaintiff/appellant or deceased defendant/respondent made a party is 'Ninety days' from the date of death.
Option D
Incorrect. 'One hundred twenty days' is not the period prescribed under Article 120 of the Limitation Act, 1963 for substitution of legal representatives.
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CUET PG Law (LL.M.)
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