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passed and on which it was withdrawn.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.
No comments:
Post a Comment