Repealed or not in force · As amended up to 2026-08
15. In computing the period of limitation prescribed for any suit, the time during which the plaintiff has
Exclusion of day on which right to sue accrues.
Exclusion in case of appeals and certain applications.
Exclusion of time of defendant's absence from British India.
Exclusion of time of suing bond fide in Court without jurisdiction.
164 Limitation. [ACT IX'
has been prosecuting with due diligence another suit, whether in a Court of first instance or in a Court of appeal, against the same defendant or some person whom he represents, shall be excluded, where the last-mentioned suit is founded upon the same right to sue, and is instituted in good faith in a Court which from defect of jurisdiction, or other cause of a like nature, is unable to try it.
Explanation 1.—In excluding the time during which a former suit was pending, the day on which that suit was instituted, and the day on which the proceedings therein ended, shall both be counted.
Explanation 2.—A plaintiff resisting an appeal presented on the ground of want of jurisdiction, shall be deemed to be prosecuting a suit within the meaning of this section.
Exclusion of time during which commencement of suit is stayed by injunction.
Exclusion of time during which judgment-debtor sues to set aside execution sale.
Effect of death before right to sue accrues.
16. In computing the period of limitation prescribed for any suit, the commencement of which has been stayed by injunction, the time of the continuance of the injunction shall be excluded.
17. In computing the period of limitation prescribed for a suit for possession by a purchaser at a sale in execution of a decree, the time during which the judgment-debtor has been prosecuting a suit to set aside the sale shall be excluded.
18. When a person who would, if he were living, have a right to sue, dies before the right accrues, the period of limitation shall be computed from the time when there is a representative in interest of the deceased capable of suing.
When a person against whom, if he were living, a right to sue would have accrued, dies before the right accrues, the period of limitation shall be computed from the time when there is a representative whom the plaintiff may sue.
Nothing in the former part of this section applies to suits for the possession of land or of an hereditary office.
Effect of fraud.
19. When any person having a right to sue has, by means of fraud, been kept from the knowledge of such right or of the title on which it is founded,
and
1871.] Limitation. 165
and where any document necessary to establish such right has been fraudulently concealed,
the time limited for commencing a suit,
(a) against the person guilty of the fraud or accessory thereto, or,
(b) against any person claiming through him otherwise than in good faith and for a valuable consideration,
shall be computed from the time when the fraud first became known to the person injuriously affected thereby, or, in the case of the concealed document, when he first had the means of producing it or compelling its production.
Source: India Code