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The Limitation Act, 1963: page 6

The Limitation Act, 1963, India Code delivered snapshot f04b51220f8f7ec9, physical page 6, typed edition 1dfeee3418fb3c6c2705c1f8efa27e957b9cd3bd696b85a8698dbfdedaa18092. Unreviewed extraction.

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        (a) the rule has extinguished the contract; and
        (b) the parties were domiciled in that State or in the foreign country during the period prescribed
    by such rule.
                                                         PART III
                                     COMPUTATION OF PERIOD OF LIMITATION
   12. Exclusion of time in legal proceedings.—(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.                            e
                                                                        od
    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.                           aC
    13. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for.—In
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computing the period of limitation prescribed for any suit or appeal in any case where an application for
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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 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.
     14. Exclusion of time of proceeding bona fide in court without jurisdiction.—(1) In computing the
period of limitation for any suit the time during which the plaintiff has been prosecuting with due
diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the
defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in
good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to
entertain it.
    (2) In computing the period of limitation for any application, the time during which the applicant has
been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of
appeal or revision, against the same party for the same relief shall be excluded, where such proceeding is
prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is
unable to entertain it.
     (3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure,
1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on
permission granted by the court under rule 1 of that Order, where such permission is granted on the
ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a
like nature.
    Explanation.—For the purposes of this section,—
         (a) in excluding the time during which a former civil proceeding was pending, the day on which
    that proceeding was instituted and the day on which it ended shall both be counted;


    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).


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