Limitation Act 1908 Part 1 MCQs

1. Question 1 of 52

   Under Section 6(2), what happens where a person is affected by two disabilities at the relevant time, or a second disability arises before the first ceases?

   A Only the first disability is legally relevant B The suit becomes permanently time-barred upon the onset of a second disability C The limitation period is calculated separately and cumulatively for each disability D He may institute the suit within the same period after both disabilities have ceased, as would otherwise have been allowed
2. Question 2 of 52

   Under Section 19(1), what effect does a written, signed acknowledgment of liability (made before the limitation period expires) have on the limitation period?

   A It extends the period by exactly one additional year, regardless of the original period B It permanently and completely bars any future limitation defence C It has no legal effect on the limitation period D A fresh period of limitation is computed from the time the acknowledgment was signed
3. Question 3 of 52

   Under Section 3, what happens to a suit, appeal, or application instituted after the prescribed period of limitation?

   A It shall be dismissed, although limitation has not been set up as a defence B It proceeds normally unless the opposing party specifically objects C It is automatically converted into a time-barred claim for nominal damages D It is stayed pending a limitation-specific tribunal's ruling
4. Question 4 of 52

   Under Section 10, is a suit against an express trustee (in whom property is vested for a specific purpose), to follow the trust property or its proceeds, barred by any length of time?

   A No, such a suit shall not be barred by any length of time B Yes, but only after 30 years C Yes, but only after 60 years D Yes, the ordinary 3-year period applies
5. Question 5 of 52

   Under Section 9, once time has begun to run, does a subsequent disability or inability to sue stop it?

   A Yes, but only for suits exceeding a specified value B Yes, any subsequent disability always stops the clock C Yes, but only disabilities arising from insanity D No
6. Question 6 of 52

   Under Section 6(3), what happens where the disability continues until the death of the disabled person?

   A The right to sue is automatically extinguished upon death B The legal representative has an unlimited period to sue C Only the deceased's spouse specifically may institute the suit D His legal representative may institute the suit within the same period after the death, as would otherwise have been allowed from the originally prescribed time
7. Question 7 of 52

   Under Section 2(8), who does 'plaintiff' include?

   A Only a plaintiff who has paid the full court fee B Only a natural person, excluding companies C Only the originally named plaintiff D Any person from or through whom a plaintiff derives his right to sue
8. Question 8 of 52

   Under Section 20(2), where mortgaged land is in the mortgagee's possession, what is deemed to be a 'payment' for the purposes of Section 20(1)?

   A The receipt of the rent or produce of that land B Only a payment formally acknowledged in a registered document C Nothing; Section 20 does not apply to mortgaged land in the mortgagee's possession D Only a direct cash payment by the mortgagor personally
9. Question 9 of 52

   Under Section 5, on what basis may certain appeals or applications (e.g. for review or leave to appeal) be admitted after the limitation period has expired?

   A Only with the unanimous consent of all opposing parties B Where the appellant or applicant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application within time C Section 5 permits no such extension under any circumstance D Only upon payment of a prescribed late fee
10. Question 10 of 52

    Under Section 2(4), who does 'defendant' include?

    A Any person from or through whom a defendant derives his liability to be sued B Only a defendant who has filed a written statement C Only the originally named defendant D Only a defendant residing within the court's jurisdiction
11. Question 11 of 52

    Under Section 12(2), for an appeal, what is excluded in computing the limitation period, besides the day judgment was pronounced?

    A The entire period during which the appellant was on vacation B The time requisite for obtaining a copy of the decree, sentence, or order appealed from C The time taken by the court to prepare the cause list D Any period during which the appellant's advocate was unavailable
12. Question 12 of 52

    Under Section 18, where a person has been kept from knowledge of his right to sue by fraud, from when is the limitation period computed against the person guilty of the fraud?

    A From the time when the fraud first became known to the person injuriously affected B From the original date the cause of action arose, with no adjustment for the fraud C From the date the fraud was committed, regardless of when discovered D Fraud has no bearing on the computation of limitation under this Act
13. Question 13 of 52

    Under Section 2(5), how is 'easement' defined?

    A A right that can only be created by a court decree B A right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another, or anything growing on or attached to the land of another C A right arising exclusively from a written contract D A right limited exclusively to rights of way
14. Question 14 of 52

    Under Section 21(2), does a written acknowledgment signed, or payment made, by ONE of several joint contractors, partners, executors, or mortgagees automatically render the OTHERS chargeable by reason only of that act?

    A Yes, but only if the joint parties are partners in a registered firm B Yes, automatically, without any further requirement C Yes, but only where the acknowledgment is in the form of a registered deed D No
15. Question 15 of 52

    Under Section 2(2), what does 'bill of exchange' include, beyond its meaning under the Negotiable Instruments Act, 1881?

    A A promissory note only B A mortgage deed only C A bond only D A Hundi and a Cheque
16. Question 16 of 52

    Under Section 2(1), who does 'applicant' include?

    A Only the original named applicant B Any person from or through whom an applicant derives his right to apply C Only a government official D Only a licensed advocate representing the applicant
17. Question 17 of 52

    Under Section 2(11), who is excluded from the definition of 'trustee'?

    A An express trustee appointed by a written instrument B A trustee appointed by a court order C A trustee of a charitable or religious endowment D A Benamidar, a mortgagee remaining in possession after the mortgage has been satisfied, and a wrong-doer in possession without title
18. Question 18 of 52

    Under Section 14's Explanation III, is misjoinder of parties or causes of action treated as a cause of a like nature with defect of jurisdiction?

    A Yes B Only misjoinder of parties, not of causes of action C Only where the misjoinder was made in bad faith D No, misjoinder is entirely unrelated to jurisdictional defects
19. Question 19 of 52

    Under Section 21(1), does the expression 'agent duly authorised' in Sections 19 and 20 include a lawful guardian, committee, or manager of a person under disability?

    A No, guardians are excluded to prevent conflicts of interest B Yes C No, only a formally licensed legal agent qualifies D Only if a court specifically authorises the guardian for this purpose
20. Question 20 of 52

    Under Section 8, to what type of suit do Sections 6 and 7 NOT apply at all?

    A Suits on a promissory note B Suits to enforce rights of pre-emption C Suits for specific performance of contract D Suits for recovery of movable property
21. Question 21 of 52

    Under Section 22(1), where a new plaintiff or defendant is substituted or added after a suit's institution, from when is the suit deemed instituted as regards that new party?

    A From the original date the suit was first instituted, with no adjustment B From when he was so made a party C From the date of the final decree D New parties cannot be added after a suit's institution under this Act
22. Question 22 of 52

    Under Section 17, to which two categories of suits does this rule (effect of death before right to sue accrues) NOT apply?

    A Suits against the Government and suits by the Government B Suits on a promissory note and suits for breach of contract C Suits to enforce rights of pre-emption, and suits for possession of immovable property or a hereditary office D Suits for defamation and suits for malicious prosecution
23. Question 23 of 52

    Under Section 3's Explanation, when is a suit 'instituted' in the ordinary case?

    A When the first hearing takes place B When the defendant is served with summons C When the plaint is presented to the proper officer D When the court fee is paid, regardless of when the plaint is presented
24. Question 24 of 52

    Under Section 2(7), how is 'good faith' characterized?

    A Any act performed by a licensed professional B Any act done with a sincere subjective belief, regardless of care taken C Nothing shall be deemed to be done in good faith which is not done with due care and attention D Any act done without any intention to deceive, regardless of diligence
25. Question 25 of 52

    On what date did the Limitation Act, 1908 come into force?

    A 21st March 1908 B 1st July 1908 C 1st January 1908 D 1st January 1909
26. Question 26 of 52

    Under Section 14(1), what time is excluded from a suit's limitation period where the plaintiff was prosecuting another civil proceeding on the same cause of action in good faith, in a court unable to entertain it due to defect of jurisdiction?

    A No time is excluded; diligence in the wrong court is irrelevant B Only half of that time is excluded C The time is excluded only if the plaintiff succeeds in that other proceeding D The time during which the plaintiff has been prosecuting that other proceeding with due diligence
27. Question 27 of 52

    Under Section 10's explanation, is the manager of a Hindu, Muhammadan, or Buddhist religious or charitable endowment deemed to be a trustee for the purposes of this section?

    A Yes B No, this section applies only to secular trusts C No, only a formally appointed trustee under a written trust deed qualifies D No, this protection is limited to court-appointed trustees
28. Question 28 of 52

    Under Section 16, what time is excluded in computing limitation for a suit for possession by a purchaser at an execution sale?

    A No time is excluded under this section B The time during which a proceeding to set aside that sale has been prosecuted C The entire period of the original decree's pendency D The time taken to register the sale certificate
29. Question 29 of 52

    Under Section 15(1), what is excluded in computing limitation for a suit or execution application whose institution or execution has been stayed by injunction or order?

    A Nothing; a stay has no bearing on limitation B The time of continuance of the injunction or order, the day it was issued, and the day it was withdrawn C Only the period after the injunction was challenged in a higher court D Only the exact calendar days the injunction was formally served on all parties
30. Question 30 of 52

    Under Section 17(1), where a person who would have had a right to sue dies before that right accrues, from when is the limitation period computed?

    A From the date the right would have originally accrued, with no adjustment B From the time when there is a legal representative of the deceased capable of instituting the suit C From the date of the deceased's death, regardless of representation D The right to sue is extinguished entirely upon death before accrual
31. Question 31 of 52

    Under Section 8, to what maximum additional period, beyond the disability's cessation, are Sections 6 and 7 generally limited?

    A 1 year, without exception B 3 years from the cessation of the disability or the death of the person affected C There is no maximum; the extension is unlimited D 10 years, without exception
32. Question 32 of 52

    Under Section 19's Explanation I, must an acknowledgment specify the exact nature of the property or right to be sufficient?

    A Yes, but only for acknowledgments regarding movable property B Yes, unless the debtor is illiterate C Yes, an acknowledgment is invalid unless it specifies the exact nature and amount D No, it may be sufficient even if it omits to specify the exact nature, or is accompanied by a refusal to pay
33. Question 33 of 52

    Under Section 13, what time is excluded in computing the limitation period for a suit, regarding the defendant?

    A The time during which the defendant was engaged in ongoing settlement negotiations B The time during which the defendant was hospitalized C The time during which the defendant has been absent from Pakistan and the territories beyond Pakistan administered by the Federal Government D The time during which the defendant changed his legal counsel
34. Question 34 of 52

    Under Section 15(2), what is excluded in computing limitation for a suit of which statutory notice has been given?

    A Nothing; notice periods are irrelevant to limitation B The period of such notice C Only half of the notice period D Only the period after the notice is formally acknowledged by the recipient
35. Question 35 of 52

    Under Section 2(3), how is 'bond' defined?

    A Only an instrument registered with a court B Only a government treasury bond C Any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed (or not performed) D Only an instrument bearing a revenue stamp
36. Question 36 of 52

    Under Section 2(6), what does 'foreign country' mean?

    A Any country other than Pakistan B Any non-Muslim country C Any country outside the Commonwealth D Any country without a treaty relationship with Pakistan
37. Question 37 of 52

    Under Section 2(9), what does 'promissory note' mean under this Act?

    A Only a note issued by a bank B Only a note bearing interest C Any written acknowledgment of debt, however informal D The same meaning as in the Negotiable Instruments Act, 1881
38. Question 38 of 52

    Under Section 4, what happens where the limitation period for a suit, appeal, or application expires on a day the Court is closed?

    A It is automatically time-barred with no exception B It may be instituted, preferred, or made on the day the Court re-opens C The limitation period is automatically extended by a full month D It must be filed with a magistrate instead, on the closed day
39. Question 39 of 52

    Under Section 19's Explanation III, is an application for execution of a decree or order considered 'an application in respect of a right' for purposes of acknowledgment?

    A Yes B Only if the execution application is filed within one year of the decree C Only if the decree itself was for a monetary sum D No, execution applications are entirely excluded from Section 19
40. Question 40 of 52

    Under Section 9's proviso, what happens to the limitation period for a debt where letters of administration to the creditor's estate have been granted to the debtor himself?

    A Nothing; the general rule under Section 9 applies without exception B The debt is automatically extinguished C The running of time is suspended while the administration continues D The limitation period restarts from zero immediately
41. Question 41 of 52

    Under Section 12(1), in computing the limitation period for a suit, appeal, or application, what day is excluded?

    A Every Sunday and public holiday within the period B The day the plaint is admitted C The day from which the period is to be reckoned D The day the suit is finally decided
42. Question 42 of 52

    Under Section 3's Explanation, when is a suit against a company being wound up by the Court considered instituted?

    A When the winding-up petition itself is filed B When the company's assets are liquidated C When the claim is formally admitted by the liquidator D When the claimant first sends in his claim to the official liquidator
43. Question 43 of 52

    Under Section 11(1), are suits instituted in Pakistan on contracts entered into in a foreign country subject to the limitation rules of this Act?

    A No, the foreign country's limitation law always applies exclusively B No, such suits have no limitation period at all C Yes D Only if the contract was in writing
44. Question 44 of 52

    Under Section 7, where no valid discharge can be given without the disabled person's concurrence, when does time begin to run against any of them?

    A Time runs only against the disabled person individually, from the outset B Time runs against all of them from the outset regardless C Time never runs until every single joint claimant dies D Not until one of them becomes capable of giving discharge without the others' concurrence, or until the disability ceases
45. Question 45 of 52

    Under Section 11(2), when can a foreign rule of limitation be a valid defence to a suit in Pakistan on a contract made in a foreign country?

    A Only where that foreign rule has extinguished the contract itself, and the parties were domiciled in that country during the period prescribed by that rule B In every case, automatically C Whenever the foreign period is shorter than Pakistan's D Only if both parties are foreign nationals
46. Question 46 of 52

    Under Section 12(5), how is the 'time requisite for obtaining a copy' generally calculated?

    A The time intervening between the day the application for the copy is made and the day intimated to the applicant as the day the copy will be ready for delivery B A fixed statutory period of 30 days in every case C The time between the judgment date and the appeal filing date D The time between filing the application and the applicant's actual physical collection of the copy, however delayed
47. Question 47 of 52

    Under Section 20(1), what effect does part-payment of a debt (made before the limitation period expires, by the person liable or his authorised agent) have on the limitation period?

    A It only affects limitation if the payment exceeds half the total debt B It suspends limitation permanently until full payment is made C It has no legal effect on limitation D A fresh period of limitation is computed from the time the payment was made
48. Question 48 of 52

    Under Section 7, where one of several persons jointly entitled to sue is under a disability, and a valid discharge CAN be given without that person's concurrence, how does time run?

    A Time never begins to run until every joint claimant is free of disability B Time is suspended for all of them until the disability ceases C Time runs against all of them D Time runs only against those not under disability
49. Question 49 of 52

    Under Section 2(10), does 'suit' include an appeal or an application?

    A Yes, but only where the appeal arises from that same suit B Yes, but only for the purposes of Part II C No, 'suit' does not include an appeal or an application D Yes, all three terms are treated as synonymous
50. Question 50 of 52

    Under Section 12(3), where a decree is appealed from, what additional time is excluded?

    A The time requisite for obtaining a copy of the judgment on which the decree is founded B The entire period the case was pending in the lower court C The time taken to serve notice on the respondent D The time the appellant spent consulting counsel
51. Question 51 of 52

    Under Section 5's Explanation, may being misled by an order, practice, or judgment of the High Court in computing the limitation period amount to 'sufficient cause'?

    A Only if the applicant is self-represented, without an advocate B Only if the High Court itself acknowledges the error in writing C No, ignorance of the correct computation is never an excuse D Yes, this may be sufficient cause within the meaning of the section
52. Question 52 of 52

    Under Section 6(1), if a person entitled to institute a suit is, at the relevant time, a minor, insane, or an idiot, when may he institute the suit?

    A Never; suits by persons under disability are permanently barred B Within the same period after the disability has ceased, as would otherwise have been allowed from the time originally prescribed C Only within 30 days of attaining majority, regardless of the originally prescribed period D Only with a court-appointed guardian's prior written consent

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