Wednesday, June 19, 2024

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๐™ฐ๐™ต๐™ต๐™พ๐š๐™ณ๐™ฐ๐™ฑ๐™ป๐™ด & ๐™ฐ๐™ฒ๐™ฒ๐™ด๐š‚๐š‚๐™ธ๐™ฑ๐™ป๐™ด

LIMITATIONMODEL ANSWER

EXCLUSION OF TIME

Under the Limitation Act which section provides that time spent in obtaining the certified copy of the judgment appealed from shall be excluded in computing period of limitation?

Section 12 of the Indian Limitation Act, 1963, states that the time spent in obtaining the certified copy of the judgment appealed from shall be excluded in computing the period of limitation. Section 12 of the Indian Limitation Act, 1963, deals with the provisions of computation of the period of limitation and it points out how the period of limitation shown in column II of the schedule is to be computed.

Basically, this section states that which period or days will have to be excluded while computing the period of limitation. Indian Limitation Act, 1963, prescribes the period of limitation for every suit and it is responsibility of every person to file the suit within that period. If person does not file the suit within that prescribed period, then it is mandatory for the court to dismiss that suit.

But, sometimes, such kind of situations arise where person cannot do anything and things are not under his control. In such situations, he is unable to file the suit before the court of law. So, in these circumstances, court cannot compel the person to do an impossible act and file the suit within the prescribed period.

In these circumstances, court excludes that period of time from the prescribed period in which person could not file the suit and extends the prescribed period by the same amount which has been excluded. Section 12 of the Indian Limitation Act, 1963, states that the period required for obtaining the certified copy of judgment will be excluded from the period of limitation and the period of limitation will be extended by the same amount of period which has been excluded by the court of law.

According to the provisions of section 12 of the Indian Limitation Act, 1963, after the pronouncement of judgment, if an aggrieved person wants to file an appeal against the abovesaid judgment, then he will have to obtain the certified copy of that judgment and to get the certified copy of the judgment, he will have to file an application before the court. After filing an application only, he will get the certified copy of the abovesaid judgment.

According to section 12 of the Indian Limitation Act, 1963, if a person wants to file an appeal before the appellate court, then the time spent by that person in obtaining the certified copy of the judgment will be excluded from the period of limitation for filing an appeal and that person will be given same amount of extra time which has been excluded by the court to file an appeal before the appellate court.

In the leading case of State of Orissa vs. Krishnaprasad, the Honโ€™ble court held that section 12 of the Indian Limitation Act, 1963, lays down that in computing the period of limitation for an appeal, 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 shall be excluded.

Moreover, in the leading case of State of U.P. vs Maharaja Narain, the Honโ€™ble court held that the actual time taken to obtain the certified copy of the judgment shall be excluded.

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