Section 15 of LA : Section 15: Exclusion Of Time In Certain Other Cases

The Limitation Act, 1963

Bare Act

  • PART III: COMPUTATION OF PERIOD OF LIMITATION

(1) In computing the period of limitation of any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.

(2) In computing the period of limitation for any suit of which notice has been given, or for which the previous consent or sanction of the Government or any other authority is required, in accordance with the requirements of any law for the time being in force, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded. Explanation: In excluding the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be counted.

(3) In computing the period of limitation for any suit or application for execution of a decree by any receiver or interim receiver appointed in proceedings for the adjudication of a person as an insolvent or by any liquidator or provisional liquidator appointed in proceedings for the winding up of a company, the period beginning with the date of institution of such proceeding and ending with the expiry of three months from the date of appointment of such receiver or liquidator, as the case may be, shall be excluded.

(4) In computing the period of limitation for a suit for possession by a purchaser at a sale in execution of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be excluded.

(5) In computing the period of limitation for any suit the time during which the defendant has been absent from India and from the territories outside India under the administration of the Central Government, shall be excluded.

Simplified Act

(1) When figuring out the deadline to start a lawsuit or to ask for a court order to be enforced, if there was a legal delay caused by a court's order (an injunction), don't count the time from when the court order started, until the day it ended.

(2) When figuring out the deadline to start a lawsuit that requires a notice to be given, or government or other official permission, don't count the time it takes to give the notice or to get the permission. Note: Include the day you ask for permission and the day you get an answer in your time calculation.

(3) When figuring out the deadline to start a lawsuit or to enforce a court order by someone appointed to manage the assets of a bankrupt person or a company being c...

Explanation using Example

Example of Section 15(1): Suppose a property dispute suit was to be filed by Rita against her neighbor, but the court issued an injunction preventing the filing of the suit for 6 months. If the limitation period for filing the suit was 3 years, the 6 months during which the injunction was in effect would be excluded from this period. Hence, Rita would have 3 years and 6 months in total to file the suit.

Example of Section 15(2): If Arun wants to sue a government department but is required to give a 2-month notice before filing the suit as per the law, and the limitation period to file such a suit is 1 year, then the 2-month notice period would not count towards the 1-year limitation. Arun effectively has 1 year and 2 months to file the suit.

Example of Section 15(3): Imagine a company is being wound up and a liquidator is appointed on January 1st. If there is a debt recovery suit that needs to be filed by the liquidator, and the limitation period is 3 years, the time from the beginning of the winding-up proceedings until 3 months after the liquida...

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