What is the nature of the duty to dismiss a time-barred proceeding under section 3(1) of the Limitation Act, 1963, subject to sections 4 to 24?
Question and options
What is the nature of the duty to dismiss a time-barred proceeding under section 3(1) of the Limitation Act, 1963, subject to sections 4 to 24?
Mandatory
Directory
Discretionary
Optional
Answer and explanation
Correct answer: A - Mandatory
Section 3(1) requires dismissal of a suit, appeal or application filed after the prescribed period, subject to sections 4 to 24. The court applies the bar even where limitation has not been set up as a defence.
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Himachal Pradesh Judicial Services
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CUET PG Law (LL.M.)
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