Provision:
Section 13 provides guidelines for excluding the time spent in obtaining leave to sue or appeal as a pauper (indigent person) when computing the period of limitation for a suit or appeal.
Key Points:
1. Application for Leave to Sue or Appeal as a Pauper:
- This section applies when a person seeks permission to file a suit or appeal as a pauper, meaning they lack the financial resources to pay the requisite court fees.
- The process involves a preliminary application to the court, which must be adjudicated before the actual suit or appeal can proceed.
2. Exclusion of Time:
- The time spent in the process of obtaining leave to sue or appeal as a pauper is excluded from the computation of the limitation period.
- This includes the entire duration from the date of presenting the application to the court until the decision granting or refusing leave.
3. Computation of Limitation Period:
- The period of limitation for the suit or appeal is computed without including the time spent in the pauper application proceedings.
- This ensures that the applicant does not lose valuable time from the limitation period due to the court’s processing of their application for pauper status.
4. Granting of Leave:
- If leave to sue or appeal as a pauper is granted, the limitation period resumes from the date of the order granting the leave.
- The exclusion period ends on the date when the court grants permission, and the regular limitation period continues thereafter.
5. Refusal of Leave:
- If the application for leave is refused, the applicant is entitled to the exclusion of the time spent in the pauper application process.
- The applicant must then pay the requisite court fees to proceed with the suit or appeal, and the limitation period is computed accordingly.
6. Purpose:
- Section 13 ensures that financially disadvantaged persons seeking justice are not prejudiced by the time taken to obtain leave to sue or appeal as paupers.
- It provides a fair opportunity for indigent persons to pursue their legal rights without the limitation period being adversely affected by procedural delays.
7. Illustration:
- If a person applies for leave to sue as a pauper on January 1, 2023, and the court grants leave on February 1, 2023, the 31 days spent in obtaining leave are excluded from the limitation period.
- If the limitation period for the suit is three years, and the cause of action arose on January 1, 2020, the period from January 1, 2023, to February 1, 2023, is not counted. The limitation period resumes from February 2, 2023.
By addressing these points, Section 13 of the Limitation Act, 1963, ensures that the time spent in obtaining leave to sue or appeal as a pauper is excluded from the computation of the limitation period, thereby protecting the rights of indigent persons seeking access to justice.
