Menu

Can a foreign rule of limitation be pleaded in any case in India?

January 11, 2019 0 Comment

(4) In computing the period of limitation prescribed for an application for leave to appeal, the following period shall be excluded :(a) the day on which time begins to run; (b) the day on which the judgment was pronounced; (c) the time requisite for obtaining a copy of the decree; (d) the time requisite for obtaining a copy of the judgment.

(5) In computing the period of limitation prescribed for an application to set aside an award, the following periods shall be excluded :(a) the day on which time begins to run ; (b) the time requisite for obtaining a copy of the award.

(6) In computing the period of limitation prescribed for any other application, only the days on which the time begins to run shall be excluded.

It has been expressly mentioned in the Explanation to Sec.12 that any delay in the office of the Court in drawing up a decree or order before the application for a copy thereof is made, shall not be excluded.

In computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall.

Be excluded, and the Court may, on payment of the court fees prescribed for such suit or appeal, treat the suit appeal as having the same force and effect as if the court fees had been paid in the first instance.

In computing the period of limitation for any suit, the time during which the very plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or in a court of appeal or revision, against the very defendant, shall be excluded, where, that another proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction, or other cause of like nature, is unable to entertain it. The same considerations apply to an application which has to be filed within a certain time. [Section 14].

If a suit fails by reason of a defect in the jurisdiction of the court or other cause of a like nature and a fresh suit is institu­ted on permission granted by the court under rule 1 of Order XXIII, Civil Procedure Code, the litigant is entitled to exclude the time spent in prosecuting such proceeding. Rule 2 of the Order XXIII, C.P.C. which provides that in any fresh suit institu­ted on permission granted under Rule 1 the plaintiff shall be bound by the law of limitation in the same manner as if the first suit had not been instituted, will not apply to such case.

In computing the period of limitation prescribed, for any suit or application for the execution of a decree, the institution of execution of which has been stayed by an injunction or an order, the time of the 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. [Section 15].

If law requires that a notice should be given or consent or sanction for the Government or any other authority should be obtained before a suit is instituted, then the period of such notice or, the case may be, the time required for obtaining such consent or sanction shall be excluded in computing the period- of limitation for such suit.

For example section 80 of Civil Procedure Code requires a notice to be given before the institu­tion of a suit. In such a case, the period of notice shall be excluded. Similarly, section 86 and 87, Civil Procedure Code require that in respect of suits against foreign rulers, ambassadors etc.

The consent of the Central Government should be obtained before filing the suit. In such cases, the time taken for obtaining such consent shall be excluded. It should however, be noted that 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 for obtaining the consent or section and the date of receipt of the order of the Government or other authority shall both be counted. [Section 15 (2)].

In respect of suits on behalf of an insolvent or a company in liquidation, the period between the date of the filing of the petition for adjudication or winding up and the appointment of the receiver or interim receiver or liquidator or provisional liquidator and a period of three months thereafter (to enable the liquidator or the receiver to acquaint himself with the affairs of the estate) shall be excluded in computing the period of limitation for suits by or on behalf of an insolvent’s estate or the company. [Section 15 (3)].

If a purchaser at a sale in execution has to file a suit to recover possession of the property purchased by him, the time during which the proceeding to set aside the sale was being fought out will be excluded from computation. [Section 15(4)].

If a defendant has gone out of India Le., has gone to some foreign country, the time during which he remains outside will be excluded from computation. This provision applies only to defendants, and in favour of the plaintiffs so as to prevent limita­tion from running against the latter, and only in respect of the institution of suits and not to appeals or applications. It is not applicable in favour of a defendant who has been absent from India and wants to set aside proceedings in execution taken against him in his absence. [Sec. 15(5)].