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The Limitation Act, 1963: page 7

The Limitation Act, 1963, India Code delivered snapshot f04b51220f8f7ec9, physical page 7, typed edition 1dfeee3418fb3c6c2705c1f8efa27e957b9cd3bd696b85a8698dbfdedaa18092. Unreviewed extraction.

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        (b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding;
        (c) misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with
    defect of jurisdiction.
    15. Exclusion of time in certain other cases.—(1) In computing the period of limitation of any suit
or application for the execution of a decree, the institution or execution of which has been stayed by
injunction or 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or made, and the day on which it was withdrawn, shall be excluded.
    (2) In computing the period of limitation for any suit of which notice has been given, or for which the
previous consent or sanction of the Government or any other authority is required, in accordance with the
requirements of any law for the time being in force, the period of such notice or, as the case may be, the
time required for obtaining such consent or sanction shall be excluded.
    Explanation.—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 sanction and the date of receipt of the order of the Government or other authority shall both be
counted.
    (3) In computing the period of limitation for any suit or application for execution of a decree by any
receiver or interim receiver appointed in proceedings for the adjudication of a person as an insolvent or by
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any liquidator or provisional liquidator appointed in proceedings for the winding up of a company, the
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period beginning with the date of institution of such proceeding and ending with the expiry of three
months from the date of appointment of such receiver or liquidator, as the case may be, shall be excluded.
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    (4) In computing the period of limitation for a suit for possession by a purchaser at a sale in execution
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of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be
excluded.
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    (5) In computing the period of limitation for any suit the time during which the defendant has been
absent from India and from the territories outside India under the administration of the Central
Government, shall be excluded.
     16. Effect of death on or before the accrual of the right to sue.—(1) Where a person who would, if
he were living, have a right to institute a suit or make an application dies before the right accrues, or
where a right to institute a suit or make an application accrues only on the death of a person, the period of
limitation shall be computed from the time when there is a legal representative of the deceased capable of
instituting such suit or making such application.
    (2) Where a person against whom, if he were living, a right to institute a suit or make an application
would have accrued dies before the right accrues, or where a right to institute a suit or make an
application against any person accrues on the death of such person, the period of limitation shall be
computed from the time when there is a legal representative of the deceased against whom the plaintiff
may institute such suit or make such application.
    (3) Nothing in sub-section (1) or sub-section (2) applies to suits to enforce rights of pre-emption or to
suits for the possession of immovable property or of a hereditary office.
     17. Effect of fraud or mistake.—(1) Where, in the case of any suit or application for which a period
of limitation is prescribed by this Act,—
        (a) the suit or application is based upon the fraud of the defendant or respondent or his agent; or
        (b) the knowledge of the right or title on which a suit or application is founded is concealed by
    the fraud of any such person as aforesaid; or
        (c) the suit or application is for relief from the consequences of a mistake; or
        (d) where any document necessary to establish the right of the plaintiff or applicant has been
    fraudulently concealed from him,



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