Foreign corporation presence in India is not presumed from trade alone; limitation exclusion applies only with real business presence.

Section 15(5) of the Limitation Act excludes time only when the defendant has been absent from India, which presupposes prior presence in India. A foreign corporation is treated as present in India only if it carries on business through a fixed and definite place of business for a substantial period, with central management and control sufficiently located in India; mere trading with India, an agent's presence, or a ship calling at Indian ports is insufficient. On the facts stated, neither corporation had its own office or business presence in India, so the provision did not apply and the suit remained barred by limitation.

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Issues: Whether Section 15(5) of the Limitation Act, 1963 applied so as to exclude time against foreign corporations on the basis that they were absent from India.

Analysis: The exclusion under Section 15(5) operates only where the defendant has been absent from India, which presupposes a prior presence in India. A foreign corporation is treated as present in India only if it carries on business in India through a fixed and definite place of business for a substantial period, with central management and control sufficiently located in India. Mere trading with India, or the presence of an agent or ship calling at Indian ports, is not enough. On the facts, neither foreign corporation had an office or carried on its own business in India, and their activities did not amount to residence or presence in India.

Conclusion: Section 15(5) had no application. The suit was barred by limitation.

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