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Section 17 of the Limitation Act, 1963 governs suits or applications based on fraud or mistake. What is the rule on commencement of the period of limitation in such cases?

Answer & Solution
Correct answer: A.
1. Section 17 of the Limitation Act, 1963 covers suits based on **fraud or mistake** of the defendant or respondent (or his agent). 2. The rule: **the period of limitation shall NOT begin to run until the plaintiff or applicant has DISCOVERED the fraud or mistake OR could with reasonable diligence have discovered it** or, in case of a concealed document, until the plaintiff first had the means of producing the concealed document or compelling its production. 3. Where a judgment-debtor has by fraud or force prevented the execution of a decree or order, the court may **extend the period for execution** on the application of the Judgment Creditor — provided such application is made **within one year** from the date of the 'discovery of the fraud' or the 'cessation of force'. 4. So discovery (or reasonable means of discovery) is the trigger, not the original act. _Source: ICSI CS Executive — Lesson 7, 'Exclusion of time in certain other cases — (g)', p. 158._
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