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Computation of Period of Limitation
«12-Jun-2025
Introduction
The statutory provisions under Part III of the Limitation Act govern the computation of limitation periods for legal proceedings. The provisions establish clear guidelines for calculating time limits while ensuring equitable exclusion of certain periods to protect litigants' rights and prevent procedural injustice.
Exclusion of Time in Legal Proceedings
Section 12: General Principles of Time Computation
- The initial day from which the limitation period begins shall be excluded from computation.
- For appeals and revisions, the day of judgment pronouncement and time required for obtaining certified copies shall be excluded.
- Time needed to obtain copies of awards in arbitration matters is similarly excluded.
- Court preparation time before copy of application is filed shall not be excluded.
Legal Significance: This section ensures fairness by not penalizing litigants for administrative delays beyond their control while maintaining accountability for prompt action.
Special Circumstances for Time Exclusion
Section 13: Pauper Applications
- Scope: Time spent prosecuting good faith applications for pauper status (in forma pauperis) shall be excluded from limitation computation when such applications are ultimately rejected.
- Relief Mechanism: Courts may treat subsequent suits as having same effect as if proper fees were paid initially, upon payment of prescribed court fees.
- Section 14: Bona Fide Proceedings Without Jurisdiction
- Exclusion Criteria:
- Plaintiff must have been prosecuted with due diligence.
- Prior proceeding must relate to the same matter in issue.
- The previous court lacked jurisdiction through no fault of the plaintiff.
- Proceedings must have been instituted in good faith.
- Exclusion Criteria:
- Application: Extends fresh suits instituted under Order XXIII, Rule 1 of CPC where permission granted due to jurisdictional defects.
Additional Exclusions and Special Cases
Section 15: Miscellaneous Exclusions
- Injunction and Stay Orders: Period of continuance of injunctions or stay orders, including issue and withdrawal dates, shall be excluded from limitation computation.
- Government Consent/Sanction: Notice periods and time required for obtaining governmental or statutory authority consent shall be excluded, with both application and receipt dates counted.
- Insolvency and Liquidation Proceedings: Three-month period from appointment of receivers or liquidators in insolvency/winding-up proceedings shall be excluded.
- Execution Sale Disputes: Time during which proceedings to set aside execution sales are prosecuted shall be excluded from purchaser's limitation period.
- Defendant's Absence from India: Period during which defendant remains absent from India and territories under Central Government administration shall be excluded.
Conclusion
These provisions collectively ensure that limitation periods are computed fairly, accounting for circumstances beyond litigants' control. The statutory framework balances the need for timely litigation with protection against procedural disadvantages, thereby upholding the principles of natural justice and access to courts while maintaining judicial efficiency and finality of legal proceedings.