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What is Exclusion of time in certain other cases? What is Effect of death on or before the accrual of the right to sue? Section 15 and 16 of Limitation Act 1963

 
 

Exclusion of time in certain other cases and Effect of death on or before the accrual of the right to sue are defined under section 15 and 16 of Limitation Act 1963. Provisions under these sections are:

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

(1) In computing the period of limitation for 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the time of continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.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 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 decree by any receiver of interim receiver appointed in proceedings for the adjudication of a person as an insolvent or by any liquidator or provisional liquidator appointment 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.

Section 16 of Limitation Act "Effect of death on or before the accrual of the right to sue"

(1) Where a person who would, if he were living, have a right to institute a suit or make an application dies before the right accrues, or where a right to institute a suit or make an application accrues only on the death of a person, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting such suit or making such application.

(2) Where a person against whom, if he were living, a right to institute a suit or make an application would have accrued dies before the right accrues, or where a right to institute a suit or make an application against any person accrues on the death of such person, the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom the plaintiff may institute such suit or make such application.

(3) Nothing in sub-section (1) or sub-section (2) applies to suits to enforce rights of pre emption or to suit for the possession of immovable property or of a hereditary office.

 

Limitation Act 1963

What are the Definitions under Limitation Act 1963? Section 2 of Limitation Act 1963

What is Bar of limitation? Section 3 of Limitation Act 1963

What is Expiry of prescribed period when court is closed? What is Extension of prescribed period in certain cases? Section 4 and 5 of Limitation Act 1963

What is Legal disability? What is Disability of one of several persons? Section 6 and 7 of Limitation Act 1963

What is Special exceptions? What is Continuous running of time? What is Suits against trustees and their representatives? Section 8, 9 and 10 of Limitation Act 1963

What is Suits on contracts entered into outside the territories to which the Act extends? What is Exclusion of time in legal proceedings? Section 11 and 12 of Limitation Act 1963

What is  Exclusion of time in cases where leave to sue or appeal as a pauper is applied for? What is Exclusion of time of proceeding bona fide in court without jurisdiction? Section 13 and 14 of Limitation Act 1963

What is Exclusion of time in certain other cases? What is Effect of death on or before the accrual of the right to sue? Section 15 and 16 of Limitation Act 1963

 

 

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