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Central Act · India · Part Iii — Computation Of Period Of Limitation

Section 12 Exclusion of time in legal proceedings

Limitation Act, 1963 · Edition: Archived India Code central text

(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.

Source document ↗

Judgments on Section 12

LOK 2023 (5) SC 13 · Supreme Court of India

Sanket Kumar Agarwal v. APG Logistics Pvt. Ltd.

Equivalent citations: 2023 INSC 727 : (2024) 2 SCC 545 : 2023 (5) SCR 1160 : 2023 (11) Scale 226 : 2023 KLT (Online) 2026

ActsInsolvency and Bankruptcy Code, 2016, Limitation Act, 1963, Companies Act, 2013, 62, 238 and 238A, Insolvency and Bankruptcy Code, 2016, 22, 103 and 104, National Company Law Appellate Tribunal Rules, 2016

Excluding the day of pronouncement and the time taken to supply a certified copy applied for within limitation, an IBC appeal e-filed within 45 days is within Section 61(2); Supreme Court also called for e-filing without duplicate physical filing in tribunals.