Sunday, 20 May 2018

SHORT NOTES ON LIMITATION ACT 1963 Part 2


S 15. Exclusion of time in certain other cases:-

The present section says that time is to be excluded in the following circumstances:-

Sub S 1- When a suit or execution proceedings are stayed by injunction or order.

Sub S 2- When notice to government or any other authority is necessary, the period of notice. Where notice is not mandatory, period will not be excluded.

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

Sub S 5 -When defendant has been absent from India.


S. 15 analysed

In computing the period of limitation prescribed for,a

a) any suit,or

b) an application for execution of a decree the institution or execution of which is stayed by injunction or order, the following shall be excluded:

1) time of continuance of injunction or order,

2) Day on which order was passed and on which it was withdrawn.

The execution must have been stayed by an express injunction or order and not by an implied order or a collateral litigation.

S 16. Effect of death on or before the accrual of the right to sue:-

This section based upon the principles that where there is no person who could sue,or be sued, the statute of limitation would not run. In other words a complete cause of action can not exist unless there is somebody who may be sued. Until both these persons exist there can not be a perfect cause of action. But the cause of action has already accrued and time has once begun to run,no subsequent disability or inability to sue stops running of time.

Scope of this section:- This section applies to suits as well as applications. However it does not apply to suits:

1) to enforce rights of pre-emption,or
2)for possession of immovable property,or
3) for possession of an hereditary office.
In all cases where there is an executor,he can sue or be sued on behalf of the estate even before obtaining probate of will. Consequently in such cases,there will be no postponement of limitation under S 16.

S 17. Effect of fraud or mistake:-

Scope of this section:-

This section is limited to suits and applications. It does not apply to criminal cases.

This section applies to following classes of suits and applications:-
a) Where they are based upon the fraud of defendant or respondent or his agent.

b) Where knowledge of right or title is concealed.

c) Where they are for relief from consequences of mistake.

d) Where any document necessary to establish such right has been fraudulently concealed.

In the first three cases, the period of limitation begins to run from the time the fraud or mistake is discovered or could have been discovered with reasonable diligence. In the cases of concealment of documents, the time begins to run when plaintiff or applicant first had the means of producing the concealed document or compelling its production.

The term fraud as used in this section means active deceit. Mere silence is not fraud. Fraud mentioned this section must be committed by party against whom right is sought to be enforced. If fraud is committed by a third person, this section shall not apply unless he is agent of party.

If the facts proved and found as established are sufficient to make a case of fraud within the meaning of this section, the objection that plea under this section was not taken in the lower courts or in the grounds of appeal is not serious, as the question of applicability of this section will be only a question of law and such a question can be raised at any stage of the case and also in the final court of appeal.

Protection of a bonafide purchaser :-
Before a purchaser can obtain benefit of this section he must show that he is bonfide purchaser for valuation consideration.



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