Computation of the Period of Limitation

In one line

The Schedule gives a number of years. These sections say what is left out of the count, and when the clock starts at all.

That is the organising distinction and an answer should open with it. Sections 12 to 15 are exclusions of time already run. Sections 16, 17 and 23 postpone the start. Sections 18 to 20, in the next chapter, give a fresh start.

Exclusions: sections 12 to 15

Section 12: the days and the copies

Section 12(1): in computing the period of limitation for any suit, appeal or application, the day from which the period is to be reckoned shall be excluded.

So the count begins the day after the cause of action.

Section 12(2): in computing the period for an appeal, an application for leave to appeal, for revision or for review of a judgment, there shall be excluded 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.

Section 12(3): where a decree or order is appealed from or sought to be revised or reviewed, or an application is made for leave to appeal, the time requisite for obtaining a copy of the judgment shall also be excluded.

Section 12(4): in computing the period for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.

The Explanation is the trap: in computing the time requisite for obtaining a copy of a decree or order, any time taken by the court to prepare the decree or order before an application for a copy is made shall NOT be excluded.

That Explanation decides many real cases. The time requisite runs from the party's application for the copy. A litigant who waits a month before applying cannot count that month, however slow the registry was afterwards. This dovetails with Order XX Rule 6A of the Code, which allows an appeal to be filed without a copy of the decree, so a party is not obliged to wait. See [Judgment and Decree].

Section 13: prosecuting a pauper application

Section 13: in computing the period for any suit or appeal where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded; and the court may, on payment of the court fees prescribed, treat the suit or appeal as having the same force and effect as if the court fees had been paid in the first instance.