Category: Limitation Act

Section 16 outlines the impact of the death of a person on the right to sue, specifically focusing on the timing of death in relation to the accrual of the right. Key Points: 1. Death Before Right to Sue Accrues: Subsection (1): If a person dies before the right to sue accrues, the period of limitation for the legal representative to file the suit starts from the date of the death. This ensures that the legal representative has a fresh start for the limitation period upon the death of the person entitled to sue. 2. Death After Right to Sue Accrues: Subsection (2): If a person dies after the right to sue accrues but before the limitation period expires, the limitation period is extended to allow the legal representative to file the suit. The legal representative has the same limitation period that the deceased person would have had, starting from the date the right to sue accrued. 3. Application to Legal Representatives: The section applies to suits filed by legal representatives, executors, or administrators of the deceased person’s estate. It ensures that the legal rights of the deceased are preserved and can be pursued by their representatives. 4. Exception: Subsection (3): This section does not apply to suits to enforce rights of pre-emption or other cases where a specific provision regarding the effect of death on limitation exists. 5. Purpose: Section 16 is designed to protect the rights of individuals who might die before they can initiate legal proceedings or during the limitation period. It ensures that the cause of action does not lapse due to the death of the entitled person, providing a fair opportunity for their representatives to pursue legal claims. 6. Illustration: If A dies on January 1, 2020, before a cause of action for a contract dispute accrues on February 1, 2020, the limitation period for A’s legal representative starts on January 1, 2020. If A dies on January 1, 2020, after a cause of action accrues on January 1, 2019, and the limitation period is three years, the legal representative can file the suit within the remaining two years.

Section 15 outlines additional circumstances under which certain periods are excluded from the computation of the limitation period. Key Points: 1. Proceedings Under Injunction or Stay Order: Subsection (1): The time during which the plaintiff or applicant is barred by an injunction or order from proceeding with the suit or application is excluded from the limitation period. This applies when a court order explicitly prevents the party from taking legal action. 2. Notice Period for Government Suits: Subsection (2): In suits against the Government or a public officer, the notice period required by law is excluded from the limitation period. This ensures compliance with statutory requirements for notice without affecting the limitation period. 3. Obtaining Consent for Filing: Subsection (3): The time required to obtain consent or sanction for filing a suit or application, when such consent is legally required, is excluded. This applies to cases where legal proceedings cannot be initiated without prior permission from an authority. 4. Prosecutions and Criminal Proceedings: Subsection (4): The time during which the plaintiff or applicant is prosecuting another civil proceeding, if prosecuted in good faith and related to the same matter, is excluded. This encourages resolving disputes through legal proceedings without the risk of limitation periods expiring. 5. Period for Obtaining a Copy of Award: Subsection (5): In cases involving arbitration, the time taken to obtain a copy of the award or decree is excluded from the limitation period for filing an application to set aside the award. 6. Purpose: Section 15 aims to ensure that parties are not unfairly prejudiced by specific procedural requirements or legal barriers. It provides a fair opportunity for parties to pursue their claims by excluding periods necessary for fulfilling legal conditions or facing legal impediments. 7. Illustrations: If a plaintiff is barred by an injunction from filing a suit for six months, this period is excluded from the limitation period. If a law requires a two-month notice period before suing a public officer, these two months are excluded from the limitation period. By addressing these provisions, Section 15 of the Limitation Act, 1963, ensures fairness in the computation of limitation periods by excluding time spent due to legal impediments, procedural requirements, or statutory obligations.

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.

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.