UPHJS2018-2
Pre. Exam

3. Where the prescibed period of limitation for any application is expiring on a holiday,the application
(A) should be made a day prior to holiday
(B) may be made on the day when the court re-opens
(C) may be made with in thirty days of re-opening of the court
(D) may be made on any day after the court re-opens

Answer and Notes Answer is B



UPHJS2018-1
Pre. Exam

56. An agreement by a debtor not to raise the plea of limitation is :
(a) valid and binding
(b) void
(c) illegal
(d) voidable at the option of the creditor

Answer and Notes Answer is B

Explanation : According to section 28 of Indian Contract Act, 1872 agreement in restraint of legal proceedings is void.

UPHJS2018-1
Pre. Exam

79. A suit instituted in India for enforcing a foreign judgment is to be filed within how many years :
(a) Within one tear from die date of the judgment (b Within five years from the date of the judgment
(c) Within two years from the date of the judgment
(d) Within three years from the date of the judgment

Answer and Notes Answer is D

Explanation : According to Article 101 of Limitation Act suit upon a judgment including a foreign judgment can be filed within 3 years from the date of judgment.

UPHJS2009
Pre. Exam

98. Time prescribed for filing which of the followings cannot be extended or condoned by applying provisions of Section 5 of the Limitation Act?
(A) Revision under Section 115 C.P.C.
(B) Application for execution under Order XXI C.P.C.
(C) Appeal under Section 96, 100 and 104 C.P.C.
(D) Application for substitution under Order XXII C.P.C.

Answer and Notes Answer is B

UPHJS2009
Pre. Exam

99. Time for instituting a suit can be enlarged by invoking which of the following provisions?
(A) Section 151 C.P.C.
(B) Section 5 of the Limitation Act, 1963
(C) Section 148 C.P.C.
(D) None of the above

Answer and Notes Answer is D

UPHJS2009
Pre. Exam

100. An application for execution of a decree is filed with some delay i.e. beyond prescribed period of limitation-
(A) delay can be condoned by invoking Section 5 of the Limitation Act
(B) delay can be condoned under Section 148 C.P.C.
(C) delay can be condoned under the inherent powers of the court under Section 151 C.P.C.
(D) None of the above

Answer and Notes Answer is D

UPHJS2018-II
Pre. Exam

78. Where the prescribed period of limitation for any application is expiring on a holiday, the application:
(a) should be made a day prior to holiday
(b) may be made on the day when the Court re-opens
(c) may be made within thirty days of re-opening of the Court
(d) may be made on any day after the Court re-opens

Answer and Notes Answer is B


Explanation: Section 4 of Limitation Act provides for expiry of prescribed period when court is closed. It lays down that where the prescribed period for any suit, appeal or application expires on a day when the court is closed, theĀ· suit, appeal or application may be instituted, preferred or made on the day when the court re-opens.