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Under section 3 of the Limitation Act, 1963, what must the court do if a suit is filed after the prescribed period and no applicable exception saves it?

Question and options

Under section 3 of the Limitation Act, 1963, what must the court do if a suit is filed after the prescribed period and no applicable exception saves it?

  1. Admit it if the plaintiff shows sufficient cause under section 5.

  2. Dismiss it even if the defendant has not pleaded limitation.

  3. Admit it if the defendant consents.

  4. Decide whether to admit it as a matter of general discretion.

Answer and explanation

Correct answer: B - Dismiss it even if the defendant has not pleaded limitation.

Subject to sections 4 to 24, section 3(1) requires dismissal even when limitation has not been raised as a defence. Section 5 does not apply to suits.

Practice for these exams

  • Maharashtra Judicial Services

  • CUET PG Law (LL.M.)

    Subject revision

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