COMPUTATION OF PERIOD OF LIMITATION :
(i) Exclusion of certain days or exclusion of time in legal proceedings
While computing Period of Limitation certain day/days are to be excluded.
Part III of the Act containing Sections 12 to 24 deals with computation of period of limitation and Section 12 prescribes the time which shall be excluded in computing the time of limitation in legal proceedings.
Computation of period of limitation for a suit, appeal or application: According to Section 12(1), the day which is to be excluded in computing period of limitation is the day from which the period of limitation is to be reckoned. In case of any suit, appeal or application, the period of limitation is to be computed exclusive of the day on which the time begins to run.
Computation of period of limitation for an appeal or an application for leave to appeal or for revision or for review
of a judgement. The day on which the judgement 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 [Section 12(2)].
Computation of period for an application made for leave to appeal from a decree or order. The time requisite for obtaining a copy of the judgement shall also be excluded [Section 12(3)].
Computation of Limitation period for an application to set aside an award: The time required for obtaining a copy of the award shall be excluded [Section 12(4)].
Thus, the time required for getting copies of certain decisions, mentioned under Section 12 is also to be excluded in computing the period of limitation as per Sub-sections (2), (3) and (4).
The term “time requisite for obtaining a copy” means the time which is reasonably required for obtaining such a copy, On the explanation to Section 12, the Supreme Court in the case of Udayan China Bhai v. R.C. Bali, AIR 1977 SC 2319, held that by reading Section 12(2) with explanation it is not possible to accept the submission that in computing the time requisite for obtaining copy of a decree by an application made after preparation of the decree, the time that elapsed between the pronouncement of the judgement and the signing of the decree should be excluded.
However, the time taken by the Court to prepare the decree or order before an application for a copy is made shall not be excluded in computing the time for obtaining a copy of a decree or an order. (Explanation to Section 12)
(ii) Exclusion of time during which leave to sue or appeal as a pauper is applied for (Section 13).
(iii) Exclusion of time bona fide taken in a court without jurisdiction. (Section 14)
The relief to a person is given by Section 14 of the Act when the period of limitation is over, because another civil proceedings relating to the matter in issue had been initiated in a court which is unable to entertain it, by lack of jurisdiction or by any other like cause. The following conditions must co-exist for the applicability of this Section:
(a) that the plaintiff or the applicant was prosecuting another civil proceedings against the defendant with due diligence;
(b) that the previous suit or application related to the same matter in issue;
(c) that the plaintiff or the applicant prosecuted in good-faith in that court; and
(d) that the court was unable to entertain a suit or application on account of defect of jurisdiction or other like cause.
(iv) Exclusion of time in certain other cases
(a) When a suit or application for the execution of a decree has been stayed by an injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made and the day on which it was withdrawn shall be excluded. [Section 15(1)]
(b) The time required to obtain the sanction or consent of the Govt. required, or a notice period shall also be excluded in case of suits. [Section 15(2)]
(c) In a suit or an application for execution of a decree by any receiver or interim receiver or any liquidator, the period beginning with the date of institution of such proceeding and ending with the expiry of three months from the date of their appointment shall be excluded. [Section 15(3)]
(d) The time during which a proceeding to set aside the sale has been prosecuted shall be excluded in case of a suit for possession by a purchaser at a sale in execution of a decree. [Section 15(4)]
(e) The time during which the defendant has been absent from India and from the territories outside India administered by the Central Government, shall also be excluded. [Section 15(5)]
(f) In case of death of a person before the right to institute a suit accrues, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting such suit or making such application. The same rule applies in case if defendant dies. [Sections 16(1) and (2)]
However, the above rule does not apply to suits to enforce rights of pre-emption or to suits for the possession of immovable property or of a hereditary office. [Section 16(3)]
(g) Where the suit or application is based upon the fraud or mistake of the defendant or respondent or his agent or in other cases as mentioned in Section 17, the period of limitation shall not begin to run until the plaintiff or applicant has discovered fraud or mistake subject to certain exceptions. (Section 17)