Section 15: Exclusion of time in certain other cases

Limitation Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963

Legal Commentary & Landmark Judgments: Section 15

Section 15 of the Limitation Act, 1963 provides for the exclusion of time in various specific contingencies: periods during which injunctions or stay orders operated, notice periods required by statute (e.g., Section 80 CPC), time taken to obtain consent or sanction, liquidation proceedings, and periods of the defendant's absence from India.

  • Stay / Injunction Period: Section 15(1): In computing limitation for any suit or execution, the day on which an injunction or stay order was issued or made, and the day on which it was withdrawn, shall be excluded.
  • Statutory Notice Period: Section 15(2): Time of notice required by law (e.g., 2 months under Section 80 CPC or Section 80 of Railways Act) or time taken to obtain government consent/sanction shall be excluded.
  • Receivership & Liquidation: Section 15(3): Time taken by a receiver or liquidator from appointment to the date of sanctioning suit shall be excluded.
  • Defendant's Absence from India: Section 15(5): In computing limitation for any suit, the time during which the defendant has been absent from India shall be excluded.
Key Landmark Precedents:
  • P. Sarathy v. State Bank of India, (2000) 5 SCC 355: The Supreme Court held that statutory exclusions under Section 15 must be liberally applied to prevent litigants from losing substantive remedies due to interim court orders or statutory procedural barriers.
  • State of Kerala v. V.M. Mathew, (2007) 10 SCC 43: The Supreme Court authoritatively held that under Section 15(2), the mandatory two-month statutory notice period under Section 80 CPC must be excluded when computing limitation against the Government.
Courtroom Practice & Strategic Litigation Guidance:

In suits against the Union of India, State Governments, or public officers, always add the mandatory two-month Section 80 CPC notice period to the limitation calculation under Section 15(2), expressly pleading the exclusion in the limitation paragraph.