Sections 15 and 16 of the Limitation Act 1963: Exclusion of Time and Effect of Death
Sections 15 and 16 form part of the rules for computing limitation under the Limitation Act, 1963. Section 15 excludes specified periods from limitation in certain situations, while Section 16 regulates computation where a person dies before, or where death itself causes, the accrual of the right to sue or apply.
Section 15 - Exclusion of time in certain other cases
Section 15 identifies circumstances in which particular periods are left out while computing limitation. Its operation depends on the nature of the proceeding and the statutory conditions applicable to the case.
Section 15(1): Stay by injunction or order
Where the institution of a suit or the execution of a decree has been stayed by an injunction or order, the period during which the injunction or order continued is excluded when limitation is computed. The day on which the stay was issued or made and the day on which it was withdrawn are also excluded.
This provision prevents limitation from running against a party during the period in which a judicial injunction or order legally prevents institution of the suit or execution of the decree.
Section 15(2): Statutory notice, consent or sanction
When a law requires notice before a suit can be instituted, the prescribed notice period is excluded. Where previous consent or sanction of the Government or another authority is required by law, the time required for obtaining that consent or sanction is excluded.
For exclusion of the time required to obtain consent or sanction, the date on which the application was made and the date on which the order of the Government or other authority was received are both counted.
Section 15(3): Receiver or liquidator
For a suit or an application for execution of a decree by a receiver or interim receiver in insolvency proceedings, or by a liquidator or provisional liquidator in winding-up proceedings, the statutory period beginning with institution of the relevant proceeding and extending to three months after appointment of the receiver or liquidator is excluded, subject to the terms of Section 15(3).
Section 15(4): Proceeding to set aside an execution sale
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 was prosecuted is excluded from the limitation calculation.
Section 15(5): Defendant absent from India
In computing limitation for a suit, the time during which the defendant was absent from India and from territories outside India under the administration of the Central Government is excluded.
Section 16 - Effect of death on or before accrual of the right to sue
Section 16 deals with situations in which the person who would have a right to institute a suit or make an application, or the person against whom such right would arise, dies before the right accrues. It also addresses rights that accrue only upon a person's death.
Section 16(1): Death of the person entitled to sue or apply
If a person who would have had a right to institute a suit or make an application dies before that right accrues, or if the right accrues only on the death of a person, limitation is computed from the time when there is a legal representative of the deceased capable of instituting the suit or making the application.
Section 16(2): Death of the person against whom the right accrues
If a person against whom a right to institute a suit or make an application would have accrued dies before accrual, or if the right against a person accrues on that person's death, limitation is computed from the time when there is a legal representative of the deceased against whom the plaintiff may institute the suit or make the application.
Section 16(3): Exceptions
Section 16(1) and Section 16(2) do not apply to suits to enforce rights of pre-emption, suits for possession of immovable property, or suits for possession of a hereditary office.
Practical effect of Sections 15 and 16
These provisions do not create a general power to disregard limitation. They prescribe specific statutory circumstances in which the computation of the limitation period changes. The applicable Article in the Schedule to the Limitation Act should therefore first be identified, after which any legally available exclusion under Section 15 or adjusted commencement under Section 16 can be considered.
This page provides a general explanation of the statutory provisions. The application of limitation depends on the facts, the relevant cause of action, the applicable Schedule Article and any other governing special or local law.