Section 12 of the Limitation Act, 1963 — Exclusion of Time in Legal Proceedings

Time waits for no one — but Section 12 ensures you don’t lose out when time is wasted waiting for court documents.

Section 12 of the Limitation Act, 1963 — Exclusion of Time in Legal Proceedings

Time waits for no one — but Section 12 ensures you don’t lose out when time is wasted waiting for court documents.

Photo by Kenny Eliason on Unsplash

Mystery Commentary:

“Isn’t it frustrating when you’re late to submit your homework because the teacher took forever to hand it back? Now imagine this in courts where deadlines determine justice. Fortunately, Section 12 of the Limitation Act ensures delays caused by procedural hurdles don’t work against you!”

Catchy Title:

“Running Late? Here’s How the Limitation Act Has Your Back”

Introduction

The Limitation Act, 1963, is a vital law that sets the time limits for filing suits, appeals, and applications. Section 12 specifically addresses the exclusion of time required for procedural formalities, such as obtaining copies of judgments or decrees. This provision ensures fairness by preventing litigants from being penalized for delays caused by the judicial system.

This article explores the nuances of Section 12, including its explanation and scope, with relatable examples and case laws.

Main Body

1. What is Section 12 of the Limitation Act?

Section 12 provides rules for excluding specific periods of time when calculating the limitation period for legal proceedings.

2. What periods are excluded under Section 12?

Section 12(1):

  • The day from which the limitation period begins to run is excluded.

Section 12(2):

  • The time required to obtain a copy of the decree, sentence, or order is excluded.

Section 12(3):

  • The time needed to obtain a copy of the judgment is excluded.

Section 12(4):

  • The time taken to obtain a copy of the award in arbitration cases is excluded.

3. What does the explanation clarify?

The explanation under Section 12 states:

  • Time not excluded: The time taken by the court to prepare the decree, order, or judgment before an application for obtaining a copy is filed.
  • Illustration: If the court delays preparing a judgment for 10 days, and you apply for a copy only on the 11th day, the first 10 days won’t be excluded.

4. What is the scope of Section 12?

  • Section 12 applies to computing the limitation period for:
  1. Appeals.
  2. Applications for leave to appeal.
  3. Applications for revision or review.

Case Law:
In M. Ramnarain v. Kalanath (1972), the court held that the “time requisite” refers to the period reasonably required for obtaining certified copies, not any deliberate delays caused by the litigant.

5. Why is Section 12 important?

  • It balances fairness by excluding procedural delays that are beyond the litigant’s control.
  • It prevents misuse by clarifying that only unavoidable delays are excluded.

Conclusion

Section 12 of the Limitation Act provides an essential cushion for litigants against procedural delays, ensuring justice is not denied due to bureaucratic inefficiencies. However, the provision also sets boundaries to prevent exploitation of its benefits.

Key Takeaway:
Time waits for no one — but Section 12 ensures you don’t lose out when time is wasted waiting for court documents. Always double-check your timelines, and let the Limitation Act be your safety net!

Pro Tip: While Section 12 has your back, don’t depend entirely on it. Be proactive in applying for copies and filing appeals — you don’t want to cut it too close!