Abdul Rehman v. Mohd. Ruldu
Rule established
Section 15 of the Limitation Act (exclusion of time during injunction/stay) requires that the restraint was imposed on the plaintiff by or on behalf of the defendant. An injunction obtained by the plaintiff against someone else does not trigger the exclusion.
Facts
- A party claimed exclusion of time under Section 15 on the ground that an injunction was in force
- The injunction in question was not obtained by the defendant against the plaintiff
- The question was whether any injunction qualifies or only one restraining the plaintiff
Issue
- Whether Section 15 exclusion requires the injunction to have been obtained by the defendant restraining the plaintiff.
Held
- Section 15 requires that the restraint was on the plaintiff
- The restraint must have been imposed by or on behalf of the defendant
- An injunction the plaintiff obtained against a third party does not trigger S.15
- The section protects plaintiffs prevented from suing by the defendant's legal action
Ratio Decidendi
S.15 exclusion requires: restraint on the plaintiff, imposed by or on behalf of the defendant. Self-imposed or third-party restraints do not qualify.
How to use it in an exam
- Key line: "In Abdul Rehman (1962), the court held that S.15 exclusion requires the restraint to have been imposed on the plaintiff by the defendant. An injunction the plaintiff obtained against others does not trigger exclusion."
Source
Source: AIR 1962 J&K 59; verified via standard references
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.