Limitation Act 1963 Section 15: Exclusion of time in certain other cases
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time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.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.
Explanation Limitation Act 1963 Section 15
Section 15 of the Limitation Act, 1963 provides multiple scenarios where time is excluded from limitation periods to ensure fairness.
Subsection (1) excludes the duration of an injunction or court order that stops a suit or decree execution, including the start and end days.
Subsection (2) covers suits needing prior notice or government sanction (e.g., under the CPC)—the time spent waiting for these is excluded.
Subsection (3) excludes time when a receiver prosecutes a suit or proceeding involving the same matter.
Subsection (4) excludes periods when the defendant is absent from India and territories under Central Government control.
Subsection (5) excludes time spent challenging an attachment of property you’re trying to recover.
The Explanation clarifies that injunction periods include issuance and withdrawal days, and a defendant is “absent” only if they’ve left and not returned to India or its territories. This section adjusts deadlines under the Limitation Act, 1963 to account for external delays beyond your control.
Key Points Limitation Act 1963 Section 15
- Excludes injunction duration (start/end days included) for suits/decree execution.
- Excludes notice or sanction wait time for required suits.
- Excludes receiver prosecution time in related suits/proceedings.
- Excludes defendant’s absence from India and Central territories.
- Excludes time spent contesting property attachment for recovery suits/appeals.
Examples Limitation Act 1963 Section 15
- A 3-year suit limit starts January 1, 2022. An injunction stops it from July 1, 2022–January 1, 2023. Exclude 6 months—file by July 1, 2025.
- A 12-year property suit requires 60-day notice (March 1–April 30). Exclude 60 days—file by May 30.
- Defendant leaves India for 2 years (2022–2024). Exclude 2 years from a 3-year limit—file by 2026.
Case Law Limitation Act 1963 Section 15
Ratanlal v. Purshottam (March 23, 1979): Supreme Court ruled that Section 15(1) excludes only injunction periods, not voluntary delays (SCC Online: AIR 1979 SC 1062).
Food Corporation of India v. Surana Commercial Co. (January 25, 2002): Supreme Court held that Section 15(4) applies only if the defendant is absent for the entire period (SCC Online: AIR 2002 SC 749).