Section 15 outlines additional circumstances under which certain periods are excluded from the computation of the limitation period.
Key Points:
1. Proceedings Under Injunction or Stay Order:
- Subsection (1): The time during which the plaintiff or applicant is barred by an injunction or order from proceeding with the suit or application is excluded from the limitation period.
- This applies when a court order explicitly prevents the party from taking legal action.
2. Notice Period for Government Suits:
- Subsection (2): In suits against the Government or a public officer, the notice period required by law is excluded from the limitation period.
- This ensures compliance with statutory requirements for notice without affecting the limitation period.
3. Obtaining Consent for Filing:
- Subsection (3): The time required to obtain consent or sanction for filing a suit or application, when such consent is legally required, is excluded.
- This applies to cases where legal proceedings cannot be initiated without prior permission from an authority.
4. Prosecutions and Criminal Proceedings:
- Subsection (4): The time during which the plaintiff or applicant is prosecuting another civil proceeding, if prosecuted in good faith and related to the same matter, is excluded.
- This encourages resolving disputes through legal proceedings without the risk of limitation periods expiring.
5. Period for Obtaining a Copy of Award:
- Subsection (5): In cases involving arbitration, the time taken to obtain a copy of the award or decree is excluded from the limitation period for filing an application to set aside the award.
6. Purpose:
- Section 15 aims to ensure that parties are not unfairly prejudiced by specific procedural requirements or legal barriers.
- It provides a fair opportunity for parties to pursue their claims by excluding periods necessary for fulfilling legal conditions or facing legal impediments.
7. Illustrations:
- If a plaintiff is barred by an injunction from filing a suit for six months, this period is excluded from the limitation period.
- If a law requires a two-month notice period before suing a public officer, these two months are excluded from the limitation period.
By addressing these provisions, Section 15 of the Limitation Act, 1963, ensures fairness in the computation of limitation periods by excluding time spent due to legal impediments, procedural requirements, or statutory obligations.
