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Does the Limitation Act, 1963 apply directly to writ proceedings under Article 32 or Article 226 of the Constitution?
Answer & Solution
Correct answer: B.
1. The ICSI text records: '**The Limitation Act does not in terms apply to a proceeding under Article 32 or Article 226 of the Constitution.**'
2. '**But the Courts act on the analogy of the statute of limitation and refuse relief if the delay is more than the statutory period of limitation**' (*State of M.P. v. Bhai Lal Bhai, AIR 1964 SC 1006*).
3. '**If the right to property is extinguished by prescription under Section 27 of the Limitation Act, 1963, there is no subsisting right to be enforced under Article 32 of the Constitution.**' In other cases where the *remedy* only is extinguished, the Court will refuse to entertain stale claims on the ground of public policy (*Tilokchand Motichand v. H.P. Munshi, AIR 1970 SC 898*).
4. The State cannot place a statutory hindrance in the way of approaching the Supreme Court under Article 32 — but the Court itself adopts the analogy of limitation as a matter of self-restraint.
_Source: ICSI CS Executive — Lesson 7, 'Limitation and Writs under the Constitution', p. 159._
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