Question

Sections 12-15 of the Limitation Act, 1963 provide for exclusion of time in computing the period of limitation prescribed by law. Which of the following falls inside the ambit of exclusion?

• A. Day on which judgment/order/award is pronounced
• B. Time during which stay/injunction operated
• C. Time during which the defendant had been out of India.
• D. All the above

Hint:

The Limitation Act is not just about the prescribed periods. Sections 3 to 24, which deal with condonation of delay, legal disability, acknowledgement, and exclusion of time, are equally important. Understand the difference between 'computation', 'exclusion', and 'condonation'.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks which of the given scenarios are covered under the provisions for "exclusion of time" in computing the limitation period, as provided in Sections 12 to 15 of the Limitation Act, 1963.
Step 2: Key Formula or Approach:
Let's analyze the relevant sections:
- Section 12 (Exclusion of time in legal proceedings): Section 12(2) states that 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. So, (A) is covered.
- Section 15 (Exclusion of time in certain other cases): Section 15(1) states that in computing the period of limitation for 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... shall be excluded. So, (B) is covered.
- Section 15(5): "In computing the period of limitation for any suit the time during which the defendant has been absent from India... shall be excluded." So, (C) is covered.
Step 3: Detailed Explanation:
All three situations described in options (A), (B), and (C) are explicitly mentioned in Sections 12 and 15 of the Limitation Act as periods of time that must be excluded when calculating whether a suit or application is filed within the prescribed time limit. Therefore, all of them fall within the ambit of exclusion.
Step 4: Final Answer:
The correct answer is All the above.

Answer 2

The question asks which of three specific scenarios qualifies for exclusion of time while computing a limitation period under Sections 12 to 15 of the Limitation Act, 1963. Let's check each scenario individually against the Act.

1. Day on which judgment/order/award is pronounced: Section 12 deals with exclusion of time in legal proceedings, and it specifically excludes the day on which the judgment or order complained of was pronounced, along with the time needed to obtain a certified copy, when computing the limitation period for an appeal, revision, or review. This scenario is expressly covered.
2. Time during which stay/injunction operated: Section 15 excludes the time during which the institution or execution of a suit or application has been stayed by an injunction or order of a court. This scenario is also expressly covered.
3. Time during which the defendant had been out of India: Section 15 further excludes the time during which a defendant has been absent from India, since the plaintiff would otherwise be unable to serve or proceed against them. This scenario is expressly covered too.
4. All the above: Since each of the three preceding scenarios is individually and explicitly provided for within Sections 12 to 15, none of them can be discarded, and the only option that accounts for all three being valid grounds of exclusion is this one.

Because every one of the three specific situations is separately backed by its own clause in Sections 12 to 15.

Therefore, the correct answer is All the above.