Article 133: (Art. 179 of the Act of 1908):
(a) The period of limitation for an application to the Supreme Court for special leave to appeal in a case involving death sentence is sixty days and the limitation commences from the date of the judgment, final order or sentence.
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(b) The period of limitation for an application to the Supreme Court for special leave to appeal in a case where leave to appeal was refused by the High Court is sixty days and the time of limitation starts to run from the date of the order of refusal.
(c) The period of limitation for an application to the Supreme Court for special leave to appeal in any other case is ninety days and the time of limitation begins to run from the date of the judgment or order.
Article 133 applies to appeals to the Supreme Court from judgments, orders or decrees passed in civil proceedings. It is a comprehensive Article providing for period of limitation separately for three types of special leave to appeal to Supreme Court namely:
(i) Sixty days in a case involving death sentence vide Order XXI Rule 2 of Supreme Court Rules;
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(ii) Sixty days in a case where leave to appeal was refused by High Court vide Order XIII Rule 1 of Supreme Court Rules; and
(iii) Ninety days in any other case vide Order XXII Rule 1 of Supreme Court Rules.
An application under Art. 133 may be admitted after the period of proof of sufficient cause under Section 5 of the Limitation Act.
The period prescribed by Art. 133 cannot be extended on account of the minority of the applications as Section 6 of the Limitation Act is not attracted.