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Article 16 of the Limitation Act, 1963 deals with the effect of death on the period of limitation. What is the rule, and what is the exception?
Answer & Solution
Correct answer: B.
1. Section 16(1)-(2) provides: '**In case of death of a person before the right to institute a suit accrues, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting such suit or making such application.**' The same rule applies if defendant dies.
2. **Exception under Section 16(3)**: 'the above rule does NOT apply to suits to enforce rights of pre-emption or to suits for the possession of immovable property or of a hereditary office.'
3. So in pre-emption / possession / hereditary office cases, the period runs from the original event regardless of whether a legal representative was available.
4. Options B, C and D distort the rule or its exception.
_Source: ICSI CS Executive — Lesson 7, 'Exclusion of time in certain other cases — (f)', p. 158._
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