How does Section 12 exclude time spent in obtaining certified copies of judgments/decrees?

Under Section 12(2) and 12(3) of the Limitation Act, the day on which the decree/order was pronounced and the entire period from the date of applying for a certified copy until the copy is prepared/ready for delivery is legally excluded from the limitation calculation for appeals, reviews, and revisions.

How does a written acknowledgment under Section 18 restart the limitation clock?

Under Section 18, if before the expiration of the prescribed period of limitation, an acknowledgment of liability in respect of property or right has been made in writing and signed by the party against whom the right is claimed, a fresh period of limitation begins to run from the date when the acknowledgment was signed.

What is the consequence if the limitation period expires on a court holiday or Sunday (Section 4)?

Under Section 4 of the Limitation Act, where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the proceeding may be lawfully instituted on the day that the court re-opens.

How is limitation calculated for Specific Performance of an Agreement to Sell under Article 54?

Article 54 prescribes a 3-year limitation period with two distinct starting points: (1) If a date is fixed in the agreement for performance, limitation runs from that fixed date; (2) If no date is fixed, limitation runs from the date when the plaintiff has notice that performance has been refused by the seller.

Statutory Limitation Periods · Limitation Act, 1963 & CPC Framework

Legal Limitation Period & Deadline Finder

Statutory limitation periods and deadline computation under the Limitation Act, 1963 for civil suits, appeals, revisions, and execution petitions

Proceeding Parameters

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Proceeding Category

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For specific performance of a contract (e.g. Agreement to Sell / बैनामा इकरारनामा).

Date fixed for performance, or date of notice of refusal (नियत तिथि अथवा इनकार का नोटिस) *

Statutory starting point: The date fixed for performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. (Section 12(1) excludes the initial reckoning day).

LIMITATION ACTIVE (139 DAYS REMAINING)Article 54 (3 years)

Statutory Expiry Deadline

15/01/2027

139 Calendar Days Remaining

Triggering Event & Date

15/01/2024

Reckoned from Date fixed for performance, or date of notice of refusal (नियत तिथि अथवा इनकार का नोटिस): 15/01/2024. (Under Section 12(1), the day from which limitation is reckoned is excluded).

Section 5 NOT Applicable (Strict Statutory Bar)

Important: Section 5 condonation of delay does NOT apply to original civil suits or execution applications under Order XXI CPC. Original suits filed after the limitation period cannot be condoned under Section 5.

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Statutory Reckoning Steps

1. Cause of Action / Triggering Event

Article 54 — Suit for Specific Performance of Contract (संविदा का विनिर्दिष्ट पालन). Starting event: The date fixed for performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused.

15/01/2024Initial Trigger

2. Statutory Limitation Expiry Date

Added 3 Years under Article 54. Calculated deadline: 15/01/2027.

15/01/2027Statutory Deadline

Governing Statutory Rules & Exclusions

Section 3 (Bar of Limitation):Under Section 3 of the Limitation Act, 1963, every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, even if limitation has not been set up as a defence by the respondent/defendant.

•Section 12 Exclusion: The day on which the decree/order was pronounced and the time requisite for obtaining certified copies of judgment and decree are legally excluded in computing the limitation period for appeals and reviews.

Statutory Framework & Principles

Core Principles of Limitation Act, 1963

Sec 3: Bar of Limitation

Mandates dismissal of suits, appeals, and applications filed after the prescribed period even if not pleaded as defence.

Sec 5: Delay Condonation

Applies ONLY to appeals and applications upon showing sufficient cause; strictly inapplicable to original suits.

Sec 12: Exclusion of Time

Initial day and time requisite for obtaining certified copies of judgment and decree are legally excluded.

Sec 18/19: Fresh Start

Written acknowledgment or part-payment made before expiration starts a fresh period of limitation.

Frequently Asked Statutory Questions

Limitation Act & Deadline Calculation Guide

No. Section 5 of the Limitation Act, 1963 expressly applies ONLY to appeals and applications (other than execution applications under Order XXI CPC). Section 5 does NOT apply to original civil suits. If a civil suit is filed even one day after the statutory limitation period, the court has no jurisdiction to condone the delay under Section 5 and is mandated to dismiss it under Section 3.

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Practice Areas

Litigation & Advisory Practice

Civil Litigation, First & Second Appeals

Representation before High Court of Judicature at Allahabad and District Courts in money recovery, partition, specific performance, and injunctions.

Contract Drafting & Dispute Advisory

Agreements to sell, commercial lease deeds, partnership deeds, and limitation-protected legal notices.

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