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Section 15 – Exclusion of Time in Certain Other Cases


Section 15: Exclusion of Time in Certain Other Cases

This section provides rules for excluding certain periods when computing the limitation for filing suits or applications in special circumstances. The aim is to ensure fairness when external factors prevent a party from filing within the normal limitation period.

15.1. Exclusion Due to Injunctions or Orders

  • What it covers:

    • When a suit or application for the execution of a decree is affected by an injunction or order from the court.

  • Time excluded:

    1. The entire period during which the injunction or order continues.

    2. The day the injunction/order was issued.

    3. The day it was withdrawn.

  • Purpose: Prevents penalizing a party for delays caused by court orders beyond their control.

  • Example:

    • A decree is issued on 1st July.

    • A temporary injunction stays execution from 5th July to 20th July.

    • Limitation period excludes 5th July to 20th July, as well as 5th July and 20th July.

15.2. Exclusion Due to Notice, Consent, or Sanction

  • What it covers:

    • Suits where notice is required, or government/authority consent or sanction is necessary under law.

  • Time excluded:

    • The period during which notice is given, or

    • The time taken to obtain consent/sanction.

  • Important Clarification (Explanation):

    • Both the day of application for consent/sanction and the day of receipt of the order are counted in computing the excluded period.

  • Example:

    • Application for government sanction made on 1st March.

    • Consent received on 15th March.

    • Limitation period for filing the suit starts after 15th March.

15.3. Exclusion for Receivers or Liquidators

  • What it covers:

    • Execution of a decree by:

      1. A receiver or interim receiver in insolvency proceedings.

      2. A liquidator or provisional liquidator in company winding-up proceedings.

  • Time excluded:

    • Begins from the institution of insolvency or winding-up proceedings.

    • Ends three months after the appointment of the receiver or liquidator.

  • Purpose: Ensures parties are not penalized for delays in complex insolvency or liquidation matters.

  • Example:

    • Insolvency petition filed on 1st January.

    • Receiver appointed on 1st February.

    • Limitation period excludes 1st January to 1st May (3 months after appointment).

15.4. Exclusion for Proceedings to Set Aside a Sale

  • What it covers:

    • A suit for possession by a purchaser at a sale executed under a decree.

  • Time excluded:

    • Any period during which a proceeding to set aside the sale is ongoing.

  • Purpose: Ensures the purchaser is not unfairly restricted if the sale is under legal challenge.

  • Example:

    • Sale executed on 1st April.

    • Opponent challenges the sale from 5th April to 25th April.

    • Limitation period for possession suit excludes 5th April to 25th April.

15.5. Exclusion Due to Defendant’s Absence

  • What it covers:

    • Any suit where the defendant is absent from India or territories under Central Government administration.

  • Time excluded:

    • Entire period of the defendant’s absence.

  • Purpose: Prevents limitation from running when the defendant cannot be served in India.

  • Example:

    • Defendant leaves India on 1st May and returns on 1st August.

    • Limitation period excludes 1st May to 1st August.

15.6. Key Points to Remember

  1. Injunctions or court orders prevent filing → time excluded.

  2. Notice, consent, or sanction required → time excluded, including application and receipt days.

  3. Insolvency/liquidation receivers → exclude from proceedings start to 3 months after appointment.

  4. Sale under execution → exclude period during set-aside proceedings.

  5. Defendant absent from India → exclude entire absence period.


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