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

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 liquidator's appointment will be excluded from the limitation period.

Example of Section 15(4): If Karan bought a property at an auction during the execution of a decree and someone else challenges the sale in court, the time taken for that challenge (until the final decision is made) will be excluded from the limitation period for Karan to file a suit for possession of the property.

Example of Section 15(5): If Sunita has to file a suit against David, who is currently residing outside India, the period during which David is abroad will not be counted within the limitation period. If the limitation period is 2 years, and David is out of India for 1 year, Sunita will have a total of 3 years to file the suit.