Section 15 Limitation Act: Exclusion of time in certain other cases

Section 15: Exclusion of time in certain other cases

(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time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.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.

Questions on this section

6 questions in 27 of our papers cite Section 15. Try these from the free papers:

1. Consider the following statements: 1. Under Section 80(1) CPC, no suit shall be instituted against the Government, save as provided in Section 80(2), until the expiration of two months after the notice in writing has been delivered or left as required. 2. In a suit against a State Government (other than the Government of Jammu and Kashmir), the notice is to be delivered to a Secretary to that Government or the Collector of the district. 3. Under Section 15(2) of the Limitation Act, 1963, the period of such notice is excluded in computing the period of limitation for the suit. Which of the statements given above is/are correct?
2. Under Section 15(5) of the Limitation Act, 1963, in computing the period of limitation for any suit, which period is excluded?
3. D holds a decree against J. Execution of the decree was stayed by an order of the appellate court made on 10 January and withdrawn on 20 June of the same year. In computing the period of limitation for D's application for execution, Section 15(1) of the Limitation Act, 1963 excludes: