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Section 12 – Exclusion of Time in Legal Proceedings


Section 12: Exclusion of Time in Legal Proceedings

This section of the Limitation Act deals with situations where certain days or periods are excluded while calculating the period of limitation for filing suits, appeals, or applications. It ensures that a person is not unfairly penalized for delays that are beyond their control, such as waiting for copies of judgments or decrees.

12.1. General Rule: Excluding the First Day

  • What it says: When calculating the period of limitation for any suit, appeal, or application, the first day from which the limitation period starts is not counted.

  • Why: This ensures fairness by giving a complete day for a person to act, rather than starting the clock immediately.

  • Example: If a limitation period starts on 1st October, the counting begins from 2nd October.

12.2. Appeals, Revisions, and Review Applications

  • Scope: This applies when computing limitation for:

    1. Appeals

    2. Applications for leave to appeal

    3. Applications for revision

    4. Applications for review of a judgment

  • Exclusion:

    • The day the judgment was pronounced is not counted.

    • Any time required to obtain a copy of the decree, sentence, or order is also excluded.

  • Purpose: This ensures that parties are not disadvantaged if they do not have immediate access to the judgment or order.

  • Example:

    • Judgment pronounced on 1st March.

    • You apply for a copy on 3rd March, and receive it on 5th March.

    • The period for limitation begins after excluding these days (1st March + time for obtaining copy).

12.3. Time for Obtaining Copies of Judgment or Order

  • Specific Rule: When appealing, revising, or reviewing a decree or order, or applying for leave to appeal, the time taken to obtain a copy of the judgment is also excluded.

  • Reason: The party cannot start counting limitation without knowing the details of the judgment.

  • Example:

    • Judgment delivered on 10th April.

    • Copy requested on 12th April and received on 15th April.

    • The period of limitation begins from 16th April, after excluding these days.

12.4. Applications to Set Aside Awards

  • What it covers: When making an application to set aside an arbitral award, the time taken to obtain a copy of the award is excluded from the period of limitation.

  • Rationale: Applicants should have the opportunity to know the contents of the award before filing a challenge.

  • Example:

    • Arbitral award made on 1st June.

    • Copy received on 5th June.

    • Limitation period starts counting after 5th June.

12.5. Explanation Regarding Court Preparation Time

  • Clarification:

    • If the court takes time to prepare the decree or order before a copy is requested, that preparation time is not excluded.

    • Only the time from the request for the copy until it is received counts as excluded time.

  • Reason: The law separates delays caused by the court from delays outside the party’s control.

  • Example:

    • Judgment pronounced on 1st July.

    • Court prepares the decree by 3rd July.

    • Party requests a copy on 4th July and receives it on 6th July.

    • Excluded time: 4th to 6th July.

    • Not excluded: 1st to 3rd July (court preparation).

12.6. Key Points to Remember

  1. First day of limitation is never counted.

  2. For appeals, revisions, or reviews, exclude:

    • Day of judgment

    • Time to obtain copy

  3. For applications to set aside awards, exclude time to get a copy of the award.

  4. Court preparation time before the request for a copy is not excluded.


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