Exclusion of time in legal proceedings
Section 12 of the Limitation Act, 1963 deals with exclusion of time in legal proceedings. 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. The Act came into force on 01 Jan 1964.
(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 2 *** 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.
Section 12, The Limitation Act, 1963 (Act 36 of 1963).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 60
- Advocates Act s. 39 Application of sections 5 and 12 of Limitation Act, 1963
- Agricultural Tenancy Act, 1964 and Rules s. 52 Limitation and Court Fees
- Andhra Pradesh Rights in Land and Pattadar Pass Books Act s. 66
- Arunachal Pradesh Goods Tax Act, 2005 (Act No. 3 of 2005) s. 78
- M.P. Commercial Tax Act s. 65 Application of Sections 4 and 12 of the Limitation Act, 1963
- Chhattisgarh Value Added Sales Tax Act s. 52
- Code on Social Security s. 52 Appeal to High Court
- Dadra and Nagar Haveli and Daman and Diu Highways Act s. 35 Reference against award of Highway Authority or authorised officer under section 28
- Dadra and Nagar Haveli and Daman and Diu Highways Act s. 44 Reference against order of authorised officer under section 42
- Daman and Diu Value Added Tax Regulation 2005 s. 77
- Delhi Sales Tax Act s. 62 Extension of period of limitation in certain cases
- Delhi Sikh Gurdwaras Act s. 33 Appeals
and 48 more
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mulchand Khanumal Khatri vs State of Gujarat
Court's Decision & Legal Precedent
Section 11A of the Land Acquisition Act, 1894 prescribes a mandatory two-year period for making an award, computation of which commences from the publication of the Section 6 declaration. The only period excludable from this computation is the period during which the acquisition proceedings remain stayed by court order as specified in the Explanation to Section 11A. Time taken to obtain a certified copy of a judgment and the period between the judgment date and the date of its receipt by the authority cannot be excluded. If an award is not made within the prescribed two-year period, the entire acquisition proceedings automatically lapse. The provisions of the Limitation Act, 1963, particularly Section 12, cannot be read into Section 11A as it is a special statute with its own complete scheme.
On this section: Court held that this section regarding exclusion of time for obtaining certified copy cannot be read into Section 11A of the Land Acquisition Act as the latter is a special provision with its own scheme
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P. Radha Bai vs P. Ashok Kumar
Court's Decision & Legal Precedent
Section 17 of the Limitation Act, 1963 is expressly excluded from application to Section 34(3) of the Arbitration and Conciliation Act, 1996. The express exclusion is inferred from the language of Section 34(3), particularly the phrase 'but not thereafter' which creates an absolute outer boundary of 120 days for challenging arbitral awards. This exclusion is also necessarily implied from the scheme and object of the Arbitration Act, which is to provide speedy dispute resolution with finality and certainty of awards. Once a party receives an arbitral award, the three-month limitation period commences, and subsequent fraud or mistake by the other party cannot defer the commencement of this period or extend the outer 120-day boundary. The principle of 'unbreakability' of the limitation period, enshrined in the UNCITRAL Model Law, precludes any extension beyond the prescribed period.
On this section: Exclusion of time spent in pursuing proceedings in court lacking jurisdiction; extended to Arbitration Act by prior SC judgments
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Arunoday Singh vs Lee Anne Elton
Court's Decision & Legal Precedent
Section 29(3) of the Limitation Act, 1963, which excludes the application of the Limitation Act to suits and proceedings under laws relating to marriage and divorce, applies only to original proceedings (suits) and not to appeals from decrees or orders in matrimonial matters. Consequently, the provisions of Section 5 of the Limitation Act (condonation of delay) apply to appeals from matrimonial decrees, and such appeals can be condoned if sufficient cause is shown. The word 'proceeding' in Section 29(3) must be interpreted using the principle of noscitur a sociis to mean original proceedings in the nature of suits, not appellate proceedings.
On this section: Provides for exclusion of time for obtaining copies of judgment and decree in computing limitation period for appeal
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… the same also being beyond the period of limitation and the time of ten days as sought to be exempted for the preparation and making available the certified copy cannot be credited to the benefit of the appellant as the period of limitation commences from the date of pronouncement of the order and the benefit of Section 12(2) of the Limitation Act is available only on an application for grant of certified copy of the Order having been filed till the date of preparation of the said certified copy. Since no such steps have been taken by the appellant for applying the certified copy, the appeal was beyond limitation. 28. The …
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… Thus, for example, while the Court held that Sections 5 and 17 of the Limitation Act are excluded from Section 34(3), it came to the conclusion that Sections 4, 12, and 14 of the Limitation Act are applicable. In a way, the applicability of provisions from Sections 4 to 24 of the Limitation Act and the manner in which they apply are at the doorstep of the court, rather than being determined by a clear and categorical statutory prescription. This is perhaps the reason why the …
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… The appeal was filed on 8 June 2020. It has been submitted that the appellant is entitled to the benefit of the direction of this Court. Mr Subramanian has also relied on the provisions of Section 12 of the Limitation Act 1963. While the learned Counsel accepts that the appellant did not apply for a certified copy, the submission is that where a statute requires a free copy of a judicial order to be supplied to a party, there is no need to apply for a certified copy and the period of limitation will not begin to …
Questions about Section 12
What have the courts held on Section 12 of the Limitation Act?
Mulchand Khanumal Khatri vs State of Gujarat (27 Mar 2012) is the leading judgment on this section among those set out below: Court held that this section regarding exclusion of time for obtaining certified copy cannot be read into Section 11A of the Land Acquisition Act as the latter is a special provision with its own scheme. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2012 to 2021.
How do I find court cases under Section 12 of the Limitation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Limitation Act 12, section 12 Limitation Act, section 12 of the Limitation Act. People searching for it also type limitation act 12 years. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Mulchand Khanumal Khatri vs State of Gujarat (27 Mar 2012).
What should I read with Section 12 of the Limitation Act, and has it changed?
60 other provisions in this corpus refer back to it.
When did Section 12 of the Limitation Act come into force?
Section 12 of the Limitation Act, cited as Limitation Act 12, came into force on 01 Jan 1964, having been enacted on 05 Oct 1963. It is in force as at the date shown on this page.
Other sections of this Act
- 30. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908557 words
- 17. Effect of fraud or mistake401 words
- 2. Definitions363 words
- 15. Exclusion of time in certain other cases347 words
- 14. Exclusion of time of proceeding bona fide in court without jurisdiction312 words
- 6. Legal disability283 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.