1. SECTION 12 AND 13 OF
THE LIMITATION ACT, 1963
PRESENTED TO: Mr. VIJAY SHEKHAR PRESENTED BY: SWASTI CHATURVEDI
PROGRAM: B.B.A. LL.B. VI SEM SEC- ‘B’
SUB: CIVIL PROCEDURE CODE & LIMITATION
ACT
2. SECTION 12: EXCLUSION OF TIME IN
LEGAL PROCEEDINGS
It lays down the following rules for excluding time for computing certain periods of
limitation:-
1. In the cases of suit, appeal or application, the day from which such period is to be
reckoned, shall be excluded.
2. In the cases of leave to appeal or for revision or for review of a judgment, the day on
which judgment was pronounced and the time for obtaining copy of a decree/ sentence/
order shall be excluded.
3. If a decree or order is appealed to be revised or reviewed, the time requisite for
obtaining copy of the judgment shall be excluded.
4. For an application to set aside an award, the time requisite for obtaining a copy of the
award shall be excluded.
3. M NARAYANA REDDY v. H.C.
VENKATESH AIR (2010) KANT 40
The suit for recovery of money based on a promissory note executed on 12/04/2000
was filed on 16/04/2003.
In calculating the period of limitation, which is 3 years the date of execution of the
promissory note has to be excluded in view of Section 12.
So, the suit should have been filed on 12/04/2003.
But, since there was general holidays from 12/04/2003 to 15/04/2003 the suit filed on
16/04/2003 is not barred by Limitation.
4. SECTION 13: EXCLUSION OF TIME
IN CASES WHERE LEAVE TO SUE OR
APPEAL AS A PAUPER IS APPLIED FOR
It provides for exclusion of time in cases where leave to sue or appeal for arises.
In such a case, if the application is rejected in computing the period of limitation, the
time during which the applicant has been prosecuting in good faith his application (for
such leave) is to excluded.
In such cases, the Court may on the payment of the Court fees prescribed for such suit
or appeal, treat the suit or appeal as having the same force and effect as if the Court
fees had been paid in the first instance.
5. BASHIR AHMAD v. RASHIDA KHATOON
AIR 1975 All 286
It has been held that in such an event on payment of Court fee by an applicant
who has been made an application for leave to sue or appeal as a pauper, on
payment of Court fee the suit or appeal will not be treated as having the same
force and effect as if the Court fee had been paid in the first instance, unless
the time for payment of Court fee is extended by the Court.