For the purposes of computation of period of limitation for the purposes of Limitation Act, is explained under Sections 12 to 15 of Limitation Act, 1963.
Exclusion of time in legal proceedings [Sec. 12(1)]:
In computing the period of limitation for any (a) suit, (b) appeal, or (c) an application; the day from which such period is to be reckoned shall be excluded.
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ADVERTISEMENTS:
Example:
if a suit is to be filed for recovering of money on a promissory note, dated 01-2-1989, the limitation ends on 1-2-92, here the day on which the promissory note was executed excluded as per Sec. 12(1) i.e., 1-2-89.
Clause explains two aspects namely:
ADVERTISEMENTS:
1. exclusion of date of judgement, in case of appeal or an application for leave to appeal or for revision or for review of a judgement; and
2. Exclusion of time requisite as per Civil Rules of Practice for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded;
3. Exclusion of time in case of special leave petition to Supreme Court for leave to appeal, shall be excluded;
4. Exclusion of date of Award in an application to set-aside an award, shall be excluded.
ADVERTISEMENTS:
Sec. 13:
Deals with exclusion of time in cases where leave to sue or appeal as a PAUPER is applied for.
Sec. 14:
Permits exclusion of time of proceeding bonafide in Court without jurisdiction, shall be excluded.
Sec. 15:
Exclusion of time in certain cases:
1. During the continuance of an injunction or order, for execution of decree or other proceedings, shall be excluded.
2. Where previous consent of Government or any other authority is required for time taken for obtaining such consent shall be excluded.
3. In case of suit or application for execution on behalf of an insolvent person, the proceeding shall be initiated within before expiry of 3 months from the date of appointment of such receiver or liquidator.
4. In computing period of limitation for a suit for procession by a purchaser at a sale in execution of a decree, the time during which a proceeding to set-aside the sale has been prosecuted shall be excluded.
5. Time during which the defendant is away from India, may excluded.