Limitation Act 1963 Section 12: Exclusion of Time in legal proceedings
(1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned shall be excluded.
(2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded.
(3) Where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment on which the decree or order is founded shall also be excluded.
(4) In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.
Explanation—For the purposes of this section, the time requisite for obtaining a copy of a decree, sentence, order, judgment or award shall be deemed to be the time intervening between the day on which an application for the copy is made and the day on which the copy is ready for delivery to the applicant or his agent.”
Explanation Limitation Act 1963 Section 12
Section 12 of the Limitation Act, 1963 helps you calculate limitation periods accurately by excluding specific days from the countdown.
Subsection (1) says the starting day of the limitation period (e.g., when a debt becomes due) doesn’t count.
Subsection (2) applies to appeals or applications (like revision or review): you exclude the day the judgment was given and the time it takes to get a copy of the decree or order—crucial for filing.
Subsection (3) adds that if you’re appealing a decree, the time to get the judgment it’s based on is also excluded.
Subsection (4) extends this to arbitration awards—time to get the award copy doesn’t count. The Explanation defines “time requisite” as the days between applying for a copy and it being ready. For example, if a 30-day appeal limit starts on January 1, you exclude January 1 and any days spent waiting for the decree copy. This section ensures procedural delays don’t cut into your filing time under the Limitation Act, 1963.
Key Points Limitation Act 1963 Section 12
- Excludes the starting day for all suits, appeals, and applications.
- For appeals/revisions/reviews, excludes judgment day and time to get decree/order copies.
- Also excludes time to get the judgment for appeals or revisions.
- For arbitration awards, excludes time to get the award copy.
- “Time requisite” is from application to copy readiness (Explanation).
Examples Limitation Act 1963 Section 12
- A 30-day appeal limit starts January 1. Judgment day (January 1) is excluded, and it takes 5 days (January 2-6) for the decree copy—file by February 5.
- A 90-day revision limit begins March 1. You apply for the order copy March 2, get it March 10—exclude 9 days, file by June 8.
Case Law Limitation Act 1963 Section 12
Sakuru v. Tanaji (February 11, 1985): Supreme Court ruled that Section 12(2) excludes only the actual time to obtain a copy, not delays due to negligence (SCC Online: AIR 1985 SC 1279).
Union of India v. West Coast Paper Mills (March 24, 2004): Supreme Court clarified that Section 12(3) includes time for judgment copies if essential for appeal (SCC Online: AIR 2004 SC 3079).