Question

In case of a suit filed on basis of fraud, the period of limitation begins from?

A The time when plaintiff discovers the fact of fraud Correct Answer Incorrect Answer
B The time when defendant has committed fraud Correct Answer Incorrect Answer
C The time when plaintiff could have discovered fraud with reasonable diligence Correct Answer Incorrect Answer
D Either a or c Correct Answer Incorrect Answer

Solution

As per The limitation act, 1963 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 the plaintiff or applicant has discovered the fraud or the mistake or could, with reasonable diligence, have discovered it;

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