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PART III COMPUTATION OF PERIOD OF LIMITATION

Section 12: Exclusion of time in legal proceedings

The Limitation Act, 1963

(1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded.

(2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded.

(3) Where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment 1*** shall also be excluded.

(4) In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.

Explanation.—In computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order before an application for a copy thereof is made shall not be excluded.

Footnotes in the official text

  1. 1.The words “on which the decree or order is founded” omitted by Act 46 of 1999, s. 33 (w.e.f. 1-7-2002).

Questions on this section

6 questions in 22 of our papers cite Section 12. Try these from the free papers:

  1. 1. Under the Explanation to Section 12 of the Limitation Act, 1963, in computing the time requisite for obtaining a copy of a decree, which period is NOT excluded?

  2. 2. In The Assistant Commissioner of Central Tax, CGST Division v. Sreenivasa Rao Ravinuthala (14 October 2026), the Supreme Court dismissed an appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 as time-barred. It held that for such an appeal:

  3. 3. A decree is pronounced against B. B wishes to file an appeal and applies for a certified copy of the decree. Under Section 12(2) of the Limitation Act, 1963, which of the following is excluded in computing the period of limitation for the appeal?

Practise questions on Limitation Act, 1963