Computation of Period of Limitation

By | September 15, 2016

Part III Section 12-24 of Limitation Act, 1963 provides for computation of the period of limitation. They either exclude time of reckoning the period of limitation or postpone starting point of limitation. Sections 12-15 of the Limitation Act provide for the exclusion of time in computing the period of limitation prescribed by law.

Those provisions, inter alia, exclude the following periods:

  1. The day on which the period of limitation is to be reckoned.
  2. The day on which the judgment/order/award is pronounced.
  3. The time spent in obtaining the copy of decree/order/award/ sentence.
  4. The time spent in prosecuting an application to sue as an indi­gent person.
  5. The time spent in proceedings taken bona fide (in good faith) in court having no jurisdiction.
  6. The time during which stay or injunction operated.
  7. The time spent in giving notice or for obtaining consent or sanc­tion required by law.
  8. The time during which there was receiver or liquidator.
  9. The time during which proceedings to set aside sale were pend­ing (in a suit for possession).
  10. The time during which the defendant had been out of India.

Sections 16-23 of the Limitation Act, 1963 provide for postponement of limitation. For the application of the law of limitation, there must be a completed cause of action. In other words, there must be a person who can sue, a per­son who can be sued, and a cause of action on which a suit, appeal or application can be filed. Moreover, such person should be in a position to institute such proceeding without any hindrance, obstruction or impediment.

  1. The period of limitation will not start running till there is a person who can sue or who can be sued. In the following cases, there is a postponement of limitation, i.e. the period of limitation will not start running.
  2. In case of fraud or mistake, the period of limitation will not start running till such fraud or mistake is discovered.
  3. In case of right or liability, a fresh period of limitation will start running from the date of acknowledgment in writing of such right or liability by the party.
  4. In case of debt, payment will provide a fresh period of limitation from the time of such payment.
  5. Where after the institution of a suit, a new plaintiff or defendant is added or substituted, the suit shall be deemed to be instituted against him when he was made a party. But if the court is satisfied that such omission was due to bonafide mistake, the suit shall be deemed to have been instituted on any earlier date.
  6. In case of continuing breach of contract or tort, a fresh period of limitation begins to run every moment till breach or tort continues.
  7. In a suit for compensation for an act not actionable without special damage, the period of limitation will be computed from the time the injury result.

 

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