Question
Under Section 12(1) of the Limitation Act, 1963, which
day is excluded when computing the period of limitation?ΒSolution
Section 12(1) provides: "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." This is a standard rule of computation. For example, if a debt becomes due on 1 January 2024, and the limitation period is three years, the computation begins from 2 January 2024. The Supreme Court in Himachal Techno Engineers confirmed that Section 12(1) applies universally to limitation computations, including under the Arbitration and Conciliation Act, Section 34. This exclusion of the starting day ensures that the full period is properly counted and prevents premature limitation. Different periods have different starting points as prescribed in the Schedule β whether from accrual of cause of action, date of judgment, date of default, or other triggering events.
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