On the last day of the period of limitation prescribed for the institution of a suit A applies for l...........

Civil Procedure Code (CPC) 1908 Institution of Suits

On the last day of the period of limitation prescribed for the institution of a suit, A applies for leave to sue as a pauper. The application is heard a fortnight later. It transpires at the hearing of the application that A was possessed of sufficient means to enable him to pay the Court-fees. Before an order is made under this rule rejecting the application, A pays the necessary Court-fees, and the application is thereupon converted into a plaint.

The application not having been made in good faith, the suit will be deemed to have been instituted on the day on which the Court-fees were paid, and not on the day on which the application was filed

The Court-fees having been paid after the expiration of the period of limitation, the suit is time-barred

Both (A) and (B)

None of these

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Explanation:

- Option 1: The application not having been made in good faith, the suit will be deemed to have been instituted on the day on which the Court-fees were paid, and not on the day on which the application was filed.

- This is correct. If pauper application is found not genuine (applicant had means), suit is considered instituted when proper court-fee is paid.

- Option 2: The Court-fees having been paid after the expiration of the period of limitation, the suit is time-barred.

- This is also correct. Since limitation expired before the fees were paid, the suit gets time-barred.

- Option 3: Both (A) and (B)

- ?? Correct answer. Both statements are applicable in this scenario.

- Option 4: None of these

- This is not correct, as Options 1 and 2 both apply.