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.
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.
13. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for.—In
computing the period of limitation prescribed for any suit or appeal in any case 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 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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(b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding;
(c) misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with
defect of jurisdiction.
15. Exclusion of time in certain other cases.—(1) In computing the period of limitation of any suit
or application for the execution of a decree, the institution or execution of which has been stayed by
injunction or order, the time of the continuance of the injunction or order, the day on which it was issued
or made, and the day on which it was withdrawn, shall be excluded.
(2) In computing the period of limitation for any suit of which notice has been given, or for which the
previous consent or sanction of the Government or any other authority is required, in accordance with the
requirements of any law for the time being in force, the period of such notice or, as the case may be, the
time required for obtaining such consent or sanction shall be excluded.
Explanation.—In excluding the time required for obtaining the consent or sanction of the
Government or any other authority, the date on which the application was made for obtaining the consent
or sanction and the date of receipt of the order of the Government or other authority shall both be
counted.
(3) In computing the period of limitation for any suit or application for execution of a decree by any
receiver or interim receiver appointed in proceedings for the adjudication of a person as an insolvent or by
any liquidator or provisional liquidator appointed in proceedings for the winding up of a company, the
period beginning with the date of institution of such proceeding and ending with the expiry of three
months from the date of appointment of such receiver or liquidator, as the case may be, shall be excluded.
(4) In computing the period of limitation for a suit for possession by a purchaser at a sale in execution
of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be
excluded.
(5) In computing the period of limitation for any suit the time during which the defendant has been
absent from India and from the territories outside India under the administration of the Central
Government, shall be excluded.
16. Effect of death on or before the accrual of the right to sue.—(1) Where a person who would, if
he were living, have a right to institute a suit or make an application dies before the right accrues, or
where a right to institute a suit or make an application accrues only on the death of a person, the period of
limitation shall be computed from the time when there is a legal representative of the deceased capable of
instituting such suit or making such application.
(2) Where a person against whom, if he were living, a right to institute a suit or make an application
would have accrued dies before the right accrues, or where a right to institute a suit or make an
application against any person accrues on the death of such person, the period of limitation shall be
computed from the time when there is a legal representative of the deceased against whom the plaintiff
may institute such suit or make such application.
(3) Nothing in sub-section (1) or sub-section (2) applies to suits to enforce rights of pre-emption or to
suits for the possession of immovable property or of a hereditary office.
17. Effect of fraud or mistake.—(1) Where, in the case of any suit or application for which a period
of limitation is prescribed by this Act,—
(a) the suit or application is based upon the fraud of the defendant or respondent or his agent; or
(b) the knowledge of the right or title on which a suit or application is founded is concealed by
the fraud of any such person as aforesaid; or
(c) the suit or application is for relief from the consequences of a mistake; or
(d) where any document necessary to establish the right of the plaintiff or applicant has been
fraudulently concealed from him,
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the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or
the mistake or could, with reasonable diligence, have discovered it; or in the case of a concealed
document, until the plaintiff or the applicant first had the means of producing the concealed document or
compelling its production:
Provided that nothing in this section shall enable any suit to be instituted or application to be made to
recover or enforce any charge against, or set aside any transaction affecting, any property which—
(i) in the case of fraud, has been purchased for valuable consideration by a person who was not a
party to the fraud and did not at the time of the purchase know, or have reason to believe, that any
fraud had been committed, or
(ii) in the case of mistake, has been purchased for valuable consideration subsequently to the
transaction in which the mistake was made, by a person who did not know, or have reason to believe,
that the mistake had been made, or
(iii) in the case of a concealed document, has been purchased for valuable consideration by a
person who was not a party to the concealment and, did not at the time of purchase know, or have
reason to believe, that the document had been concealed.
(2) Where a judgment-debtor has, by fraud or force, prevented the execution of a decree or order
within the period of limitation, the court may, on the application of the judgment-creditor made after the
expiry of the said period extend the period for execution of the decree or order:
Provided that such application is made within one year from the date of the discovery of the fraud or
the cessation of force, as the case may be.
18. Effect of acknowledgment in writing.—(1) Where, before the expiration of the prescribed
period for a suit or application in respect of any property or right, an acknowledgment of liability in
respect of such property or right has been made in writing signed by the party against whom such
property or right is claimed, or by any person through whom he derives his title or liability, a fresh period
of limitation shall be computed from the time when the acknowledgment was so signed.
(2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the
time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral
evidence of its contents shall not be received.
Explanation.—For the purposes of this section,—
(a) an acknowledgment may be sufficient though it omits to specify the exact nature of the
property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet
come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a
claim to set off, or is addressed to a person other than a person entitled to the property or right,
(b) the word “signed” means signed either personally or by an agent duly authorised in this
behalf, and
(c) an application for the execution of a decree or order shall not be deemed to be an application
in respect of any property or right.
19. Effect of payment on account of debt or of interest on legacy.—Where payment on account of
a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable
to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be
computed from the time when the payment was made:
Provided that, save in the case of payment of interest made before the 1st day of January, 1928, an
acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person
making the payment.
Explanation.—For the purposes of this section,—
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(a) where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce
of such land shall be deemed to be a payment;
(b) “debt” does not include money payable under a decree or order of a court.
20. Effect of acknowledgment or payment by another person.—(1) The expression “agent duly
authorised in this behalf” in sections 18 and 19 shall, in the case of a person under disability, include his
lawful guardian, committee or manager or an agent duly authorised by such guardian, committee or
manager to sign the acknowledgment or make the payment.
(2) Nothing in the said sections renders one of several joint contractors, partners, executors or
mortgagees chargeable by reason only of a written acknowledgment signed by, or of a payment made by,
or by the agent of, any other or others of them.
(3) For the purposes of the said sections,—
(a) an acknowledgment signed or a payment made in respect of any liability by, or by the duly
authorised agent of, any limited owner of property who is governed by Hindu law, shall be a valid
acknowledgment or payment, as the case may be, against a reversioner succeeding to such liability;
and
(b) where a liability has been incurred by, or on behalf of a Hindu undivided family as such, an
acknowledgment or payment made by, or by the duly authorised agent of, the manager of the family
for the time being shall be deemed to have been made on behalf of the whole family.
21. Effect of substituting or adding new plaintiff or defendant.—(1) Where after the institution of
a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to
have been instituted when he was so made a party:
Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was
due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall
be deemed to have been instituted on any earlier date.
(2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to
assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a
defendant or a defendant is made a plaintiff.
22. Continuing breaches and torts.—In the case of a continuing breach of contract or in the case of
a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the
breach or the tort, as the case may be, continues.
23. Suits for compensation for acts not actionable without special damage.—In the case of a suit
for compensation for an act which does not give rise to a cause of action unless some specific injury
actually results therefrom, the period of limitation shall be computed from the time when the injury
results.
24. Computation of time mentioned in instruments.—All instruments shall for the purposes of this
Act be deemed to be made with reference to the Gregorian calendar.