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Under the central text of section 52 of the Transfer of Property Act, 1882, what marks the start of…

The Explanation to section 52 starts pendency on the date the plaint is presented or the proceeding is instituted in a competent court. Service, a response from the opposing…

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Under the central text of section 52 of the Transfer of Property Act, 1882, what marks the start of pendency in a competent court?

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Answer and explanation

Correct answer C

The Explanation to section 52 starts pendency on the date the plaint is presented or the proceeding is instituted in a competent court. Service, a response from the opposing party and framing of issues are later procedural steps.

Option feedback

Option A

Service gives the opposing party notice. Pendency can already have begun by that stage.

Option B

The opposing party’s response comes after the statutory starting point.

Option C

The Explanation to section 52 fixes the start at presentation of the plaint or institution of the proceeding in a competent court.

Option D

Framing issues identifies what the court must decide in an already pending matter.

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