Which of the following statements is incorrect in the context of the Limitation Act, 1963?
Section 43(1) of the Arbitration and Conciliation Act, 1996 applies the Limitation Act, 1963 to arbitration as it applies to court proceedings. Section 5 of the Limitation…
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Which of the following statements is incorrect in the context of the Limitation Act, 1963?
Answer and explanation
Correct answer D
Section 43(1) of the Arbitration and Conciliation Act, 1996 applies the Limitation Act, 1963 to arbitration as it applies to court proceedings. Section 5 of the Limitation Act can extend time for an appeal or application on sufficient cause, except for an application under Order XXI of the Code of Civil Procedure. It does not apply to an original title suit. Section 3(2)(b)(ii) treats a counterclaim as a separate suit instituted when the counterclaim is made in court. Article 19 of the Schedule prescribes three years from the date of the loan for a suit governed by that article.
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Option A
Incorrect choice (statement is legally true). Section 5 of the Limitation Act, 1963 applies only to appeals and applications (other than applications under Order XXI CPC) and does not empower a court to condone delay in instituting an original suit such as a Title Suit.
Option B
Incorrect choice (statement is legally true). Under Section 3(2)(b)(ii) of the Limitation Act, 1963, a counter-claim is treated as a separate suit and is subject to the law of limitation as on the date on which the counter-claim is made in court.
Option C
Incorrect choice. For a suit governed by Article 19 of the Schedule to the Limitation Act, 1963, the period is three years and runs from when the loan is made. Other money claims may be governed by different articles.
Option D
Correct choice (statement is legally false). Under Section 43(1) of the Arbitration and Conciliation Act, 1996, the Limitation Act, 1963 explicitly applies to arbitrations as it applies to proceedings in court.
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CUET PG Law (LL.M.)
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