Limitation Act,1963 - Computation of Period of Limitation (Section 9 ,12,13,14,15)

Part III of Limitation Act deals with computation of Limitation period. In this blog we will cover some section i.e up to section 15. These sections deals with the time which should be excluded while computing the Limitation Period.

For example if Judgement is passed on 1st of January and there is 30 days Limitation period, when this Limitation period will start ? From 1st Jan or 2nd Jan?

These sections deals such minute details about exclusion of certain period while computing the Limitation period.

Let's begin with Section 9.

Section 9 - Exclusion in case of Administration by debtor.

For example X has given a loan to Y, also Y is administrating the property of X after his death, as long as such administration continues, such period shall be excluded from Limitation period for a suit to recover of debt, say by Legal Representatives of X.

So Section 9 deals with letter of Administration and exclusion of period. Some explanation:

Section 12 - Provision as to exclusion of Time

At the beginning we asked trivial question, whether Limitation begins on 1st Jan or 2nd Jan. This question is answered in Section 12. 

This section have four clause dealing with specific scenario. It states what all date or time period is excluded from computation of Limitation period.

Section 13- Exclusion of time in cases where leave to sue or appeal as pauper is applied for 

This section deals with leave to sue or appeal by poor or indignant person. Below image will make it clear. 

When court takes a time for consideration of appeal or suit then such period is excluded in computation of Limitation period.

Section 14- Exclusion of Time of proceeding bona fide in court without jurisdiction

You have 90 days to file a suit. You by mistake files in Goregaon Court instead of Andheri court, here Andheri Court have proper jurisdiction. You realize this after 4 months. Will your suit be considered by Court?

Answer is Yes. But your filing a suit should be bona fide, with due diligence.

There are 3 clauses. First clause deals with suits and appeal. Second clause deals with Application. Third clause deals with order XIII, rule 2 of CPC.

In respect to clause 2, question raised was whether Application includes application of exclusion. In Brijmohandas Vs Narasinghdas (AIR 1971, MP) it was held that application in this section includes application for execution.

Section 15- Exclusion of time in other cases

Like section 12, section 15 provides laundry list of various cases and exclusion of time

This include

And


Section 12,13,14,15 deals with different scenarios and exclusion of period from computation of Limitation period.

Legalfundaa

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