Jurisprudence, Interpretation and General Laws · Law relating to Limitation

Computation of Limitation Period under the Limitation Act, 1963 (Sections 4-9, 12-17)

Updated 11 October 2026 · Fact-checked

Computing limitation means finding the last day to sue, appeal or apply. Start from the day the period begins, exclude that day (Section 12(1)), add the prescribed period, then exclude time the Act allows, such as copy time, bona fide wrong-court time (Section 14) and injunction or notice time (Section 15). Section 4 extends a closed-court last day.

Understand Computation of Limitation Period (Sections 4-9, 12-17)

A limitation period is the time the Schedule gives you to file a suit, appeal or application. Section 3 says that anything filed after that period must be dismissed, even if the other side never raised limitation. So you must be able to count the days correctly.

Counting starts with the day from which the period is reckoned. Under Section 12(1), that day is excluded. If the period is 30 days from 1 March, day one is 2 March. Section 12(2) adds: for an appeal, leave to appeal, revision or review, the day the judgment was pronounced and the time needed to obtain a copy of the decree or order are also excluded. Section 12(3) excludes the time needed for a copy of the judgment. Section 12(4) does the same for a copy of an award in an application to set aside the award. The Explanation says that time the court itself took to prepare the decree before you applied for a copy is not excluded.

Some time is then excluded because the law was working against you. Section 14 covers time spent prosecuting another civil proceeding in good faith, with due diligence, in a court that could not entertain it because of a defect of jurisdiction or a like cause. The proceeding must relate to the same matter in issue and be against the same party. Both the day it began and the day it ended are counted in the excluded time. Section 15 excludes time of a stay by injunction or order, the period of a statutory notice, or the time to get required government sanction, and the defendant's absence from India under Section 15(5). Section 13 excludes time spent on a rejected pauper application.

Two rules work at the end. Section 4: if the last day falls on a day the court is closed, you can file on the day it re-opens. A court is deemed closed if it is closed during any part of its normal working hours. Section 9: once time has begun to run, no later disability or inability to sue stops it. The only proviso is where letters of administration to a creditor's estate are granted to the debtor; then time is suspended while the administration continues.

So the whole topic is a method: find the start, exclude what the Act excludes, find the end, and apply Section 4 if needed. Section 9 reminds you not to exclude anything the Act does not list.

Key rules to remember

Start day excluded: Last day = (start day, excluded) + prescribed period + excluded time; Section 12(1): the day from which the period is reckoned is not counted.
Appeals, revision, review: Excluded: day of judgment + time requisite for obtaining copies; Section 12(2) and (3). Time the court took to prepare the decree before you applied for a copy is not excluded.
Award set-aside application: Excluded: time requisite for obtaining a copy of the award; Section 12(4).
Bona fide wrong-court proceeding: Excluded: time of the earlier proceeding, counting both its first and last day; Section 14: due diligence, good faith, same matter in issue, court unable to entertain it for defect of jurisdiction or like cause.
Injunction, notice, sanction, absence: Excluded: injunction period (with first and last day), notice period, sanction time, defendant's absence; Section 15(1), (2) and (5). For sanction, the application date and the order receipt date are both counted.
Court closed on last day: If last day is a court-closed day, file on the re-opening day; Section 4. It applies to suits, appeals and applications.
Continuous running: Once time runs, later disability does not stop it; Section 9. Only exception: letters of administration of a creditor's estate granted to the debtor.

How to solve Computation of Limitation Period (Sections 4-9, 12-17) questions

Use this order for any computation or theory question on this topic. Write each step in the answer so the examiner can award marks.

1Identify the suit, appeal or application and the prescribed period and starting point from the Schedule.
2Fix the start day and exclude it under Section 12(1).
3For an appeal, revision or review, exclude the judgment day and the time requisite for obtaining copies under Section 12(2) and (3).
4Check for other exclusions: an earlier bona fide proceeding in a wrong court (Section 14), an injunction, notice or sanction, or the defendant's absence (Section 15), a rejected pauper application (Section 13).
5Add the prescribed period and all excluded time to reach the last day.
6If that day is a court-closed day, move to the re-opening day under Section 4.
7Check Section 9: do not allow any extra time for a disability that arose after time began to run.
8State the conclusion: the suit or appeal is within time or barred under Section 3.

Quickest way: Five-question checklist

When to use it: Use it for short problem questions where you have a few minutes.

Where does time start? Drop that day.
Is it an appeal or review? Drop the judgment day and the copy time.
Was there an earlier wrong-court case, injunction, notice or sanction? Drop that period.
Count forward to the last day.
Is the last day a court holiday? Move to the next working day. Then write the conclusion.

Common mistakes in Computation of Limitation Period (Sections 4-9, 12-17)

Counting the first day of the period.
Students count like a calendar, starting from the event day.
Fix: Section 12(1) excludes the day from which the period is reckoned. Day one is the next day.
Excluding the whole time taken to get a certified copy, including the court's delay in preparing the decree.
The word 'copy time' is read loosely.
Fix: The Explanation to Section 12 says time the court took to prepare the decree before you applied for a copy is not excluded. Only time after you apply counts.
Applying Section 14 to any earlier case.
Students ignore the conditions.
Fix: Check all conditions: good faith, due diligence, same matter in issue, same parties, and a court unable to entertain it by defect of jurisdiction or like cause. Misjoinder of parties or causes of action is treated as a like cause.
Forgetting to count the first and last day of the earlier proceeding.
The Section 14 Explanation is skipped.
Fix: Under Section 14 Explanation (a), both the day the proceeding was instituted and the day it ended are counted in the excluded time. Sections 15(1) and 15(2) have similar counting rules.
Giving extra time because a person became insane or a minor after time began to run.
Students over-apply Section 6.
Fix: Section 9 says that once time has begun to run, no later disability stops it. Section 6 helps only if the disability existed when the period was to be reckoned.
Using Section 4 when the court was open for part of the day, or to extend time for other reasons.
Students treat it as a general extension.
Fix: Section 4 applies only when the prescribed period expires on a day the court is closed, including closure during any part of normal working hours. It does not extend time for other reasons.

Worked examples

Example 1

A decree was passed against Ravi by a civil court in Pune on 10 January. He applied for a certified copy on 12 January and received it on 20 January. Assume the appeal period is 30 days from the date of the decree. By which date must he file the appeal?

Show the solution

Provision: Section 12(1) and (2) of the Limitation Act, 1963.
The day of the decree, 10 January, is excluded under Section 12(1) and (2).
Time requisite for obtaining the copy runs from the application on 12 January to receipt on 20 January. Counting both days, that is 9 days (12 to 20 January).
The 2 days before the application (10 and 11 January) are the time before applying. Treat 11 January as part of the period, since the court's preparation time before application is not excluded.
Period of 30 days counted from 11 January: 11 January to 9 February would be 30 days if no exclusion applied. Adding the 9 excluded days gives 9 days more.
30 days from 11 January ends on 9 February. Adding 9 days gives 18 February.
Conclusion: the appeal must be filed by 18 February.

Answer: Ravi must file the appeal by 18 February, because the day of the decree and the 9 days taken to get the copy (12 to 20 January) are excluded under Section 12(2).

Example 2

Meera filed a suit for recovery of money in a court that had no jurisdiction, in good faith and with due diligence. The suit was returned for want of jurisdiction. She re-filed it in the right court. Can the time spent in the first court be excluded? Also, if the limitation period ended on a Sunday when the court was closed, when can she file?

Show the solution

Provision: Sections 14 and 4 of the Limitation Act, 1963.
Section 14(1) excludes the time during which the plaintiff prosecuted with due diligence another civil proceeding against the defendant, if it related to the same matter in issue and was prosecuted in good faith in a court unable to entertain it by defect of jurisdiction or a like cause.
Here, the first suit was against the same defendant, for the same matter, in good faith and with diligence, in a court without jurisdiction. All conditions are met.
The excluded time counts both the day the first suit was instituted and the day it ended (Section 14 Explanation (a)).
Section 4: if the prescribed period expires on a day the court is closed, the suit may be instituted on the day the court re-opens. A Sunday closure qualifies.
Conclusion: she may exclude the time spent in the wrong court, and if the last day falls on a court holiday she may file on the next working day.

Answer: Yes. Under Section 14(1), the time spent in the court without jurisdiction is excluded, counting both its first and last day. If the period expires on a day the court is closed, Section 4 lets her file on the day the court re-opens.

Exam tips

Write the section number next to each exclusion. Examiners reward the provision first, then the facts, then the conclusion.
In problems, show a date line: start day dropped, period added, exclusions added, last day. This earns step marks even if the final date has a slip.
For Section 14, list the conditions one by one and tick each against the facts. Missing one is the usual way to lose marks.
Learn the contrast: Section 6 helps a disability that exists at the start, while Section 9 denies help for a disability that arises later.
Keep Sections 4, 9, 12, 14 and 15 as one-line rules in your memory. Questions often test two or three together.

Practice questions from Law relating to Limitation

Computation of Limitation Period (Sections 4-9, 12-17): frequently asked questions

Is the first day counted when computing limitation?

No. Section 12(1) excludes the day from which the period is to be reckoned. Counting starts from the next day.

When does Section 14 of the Limitation Act apply?

It applies when the plaintiff prosecuted another civil proceeding in good faith and with due diligence, for the same matter in issue, in a court that could not entertain it for defect of jurisdiction or a like cause. The time of that proceeding is excluded in computing the period for the suit. For applications, the earlier proceeding must be against the same party for the same relief.

What does Section 9 of the Limitation Act say?

Once time has begun to run, no later disability or inability to sue or apply stops it. The only proviso is where letters of administration to a creditor's estate are granted to the debtor. Then time is suspended while the administration continues.

Does Section 4 apply if the court is closed only for part of the day?

Yes. The Explanation says a court is deemed closed on a day if it remains closed during any part of its normal working hours. So the suit, appeal or application may be filed on the day the court re-opens.