For the purposes of section 52 of the Transfer of Property Act, 1882, when does a suit become pending?
For a suit, the Explanation to section 52 uses the date on which the plaint is presented to a competent court. For a proceeding other than a suit, it uses the date of…
Choose your answer
For the purposes of section 52 of the Transfer of Property Act, 1882, when does a suit become pending?
Answer and explanation
Correct answer A
For a suit, the Explanation to section 52 uses the date on which the plaint is presented to a competent court. For a proceeding other than a suit, it uses the date of institution in a competent court.
Option feedback
Option A
The Explanation expressly uses presentation of the plaint to a competent court.
Option B
Issuance of summons is not the statutory trigger.
Option C
The statutory starting point is presentation of the plaint.
Option D
Taking evidence does not determine when pendency starts.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Odisha Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision