Section 12 provides guidelines for excluding certain periods of time when computing the prescribed limitation period for filing suits, appeals, and applications.
Key Points:
1. Exclusion of Day of Act or Event:
- Subsection (1): The day on which the period for limitation begins (the day of the act, event, or default) is to be excluded from the computation of the limitation period.
- This ensures that the full prescribed period is available for the party to take action.
2. Exclusion of Time for Obtaining Copies:
- Subsection (2): When computing the period of limitation for an appeal or an application for leave to appeal or review, the time taken to obtain a copy of the judgment, decree, sentence, or order appealed against is excluded.
- This exclusion accounts for the administrative time required to obtain necessary documents for filing an appeal.
3. Exclusion of Time for Obtaining Copies of Orders on Review:
- Subsection (3): In the case of an application for review of a judgment, the time taken to obtain a copy of the decree or order sought to be reviewed is excluded.
- This ensures that applicants have sufficient time to review the judgment or order before seeking a review.
4. Exclusion of Time for Obtaining Copies for Execution:
- Subsection (4): In applications for execution of a decree, the time taken to obtain a certified copy of the decree is excluded.
- This allows decree-holders to have adequate time to procure necessary documents to execute the decree.
5. Reasonable Time:
- The time excluded should be reasonable and necessary for obtaining the copies required.
- It ensures that the exclusion is not exploited to gain undue extensions.
6. Illustrations:
- If a decree is passed on January 1, 2023, and the limitation period to appeal is 90 days, the day on which the decree was passed (January 1, 2023) is excluded. Thus, the limitation period starts from January 2, 2023.
- If an applicant applies for a copy of the judgment on January 10, 2023, and receives it on January 20, 2023, the 10 days taken to obtain the copy are excluded from the computation of the limitation period for filing the appeal.
7. Purpose:
- Section 12 aims to ensure fairness in legal proceedings by excluding specific periods that are necessary for procedural requirements.
- It prevents parties from being penalized for the time spent in obtaining essential documents and ensures that they have the full benefit of the prescribed limitation period.
By addressing these points, Section 12 of the Limitation Act, 1963 ensures that the computation of limitation periods is fair and reasonable, accounting for necessary procedural delays in obtaining documents.
