The Limitation Act, 1963 (Section 12 and 13)

Basic understanding of Section 12 and 13 of The Limitation Act which talks about the exclusion of time in legal proceedings

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:- In the cases of suit, appeal or application, the day from which such period is to be reckoned, shall be excluded. 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. If a decree or order is appealed to be revised or reviewed, the time requisite for obtaining copy of the judgment shall be excluded. 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.