Section 17 of the Limitation Act takes within its ambit:Â
In the above question all fraud, mistake and concealment are covered under s.17 of the limitation act. This provision talks about the effect of a mistake, fraud or a concealed document in calulation of the limitation period. S. 17. Effect of fraud or mistake.— (1) Where, in the case of any suit or application for which a period of limitation is prescribed by this Act,— (a) the suit or application is based upon the fraud of the defendant or respondent or his agent; or (b) the knowledge of the right or title on which a suit or application is founded is concealed by the fraud of any such person as aforesaid; or (c) the suit or application is for relief from the consequences of a mistake; or (d) where any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him, the period of limitation shall not begin to run until plaintiff or applicant has discovered the fraud or the mistake or could, with reasonable diligence, have discovered it; or in the case of a concealed document, until the plaintiff or the applicant first had the means of producing the concealed document or compelling its production: Provided that nothing in this section shall enable any suit to be instituted or application to be made to recover or enforce any charge against, or set aside any transaction affecting, any property which— (i) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know, or have reason to believe, that any fraud had been committed, or (ii) in the case of mistake , has been purchased for valuable consideration subsequently to the transaction in which the mistake was made, by a person who did not know, or have reason to believe, that the mistake had been made, or (iii) in the case of a concealed document , has been purchased for valuable consideration by a person who was not a party to the concealment and, did not at the time of purchase know, or have reason to believe, that the document had been concealed. (2) Where a judgment-debtor has, by fraud or force, prevented the execution of a decree or order within the period of limitation, the court may, on the application of the judgment-creditor made after the expiry of the said period extend the period for execution of the decree or order: Provided that such application is made within one year from the date of the discovery of the fraud or the cessation of force, as the case may be.
A horse is tethered to a peg with a 28 metre long repeat the corner of a 45 metre long and 25 metre wide rectangular grassfield. What area of field does...
The diameter and the slant height of a conical tent are 16 m and 5.6 m, respectively. What length of cloth having width 4m is needed to make the tent?
The length and breadth of a rectangle are increased by 8% and 5%, respectively. By how much percentage will the area of the rectangle increase?
The length of a rectangle is four times its breadth. If its length is increased by 20 cm. and breadth is increased by 30 cm, the area of the rectangle i...
The radius of the base of a cylinder is 14 cm and its curved surface area is 880 cm². Its volume (in cm³) is: (Takе π = 22/7)
AB is a diameter of a circle with centre O. A tangent is drawn at point A. C is a point on the circle such that BC produced meets the tangent at P. If â...
A pipe fills a cubical tank at the rate of 242 m3Â per minute in 44 minutes. If a cylindrical tank having height same as the side of a cubica...
Three metallic cubes whose sides are 15 cm, 20 cm and 25 cm respectively are melted and converted into a single cube. If there is no loss of metal in t...
The volume of cone is 1320 cm3. If its height is 1.4 cm then find the radius of the cone.
The lateral surface area of a cube is 484 cm2 . The length of a cuboid is 10% more than the side of the cube. The breadth of the cuboid is 9 ...