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    Question

    Under Section 12(1) of the Limitation Act, 1963, which

    day is excluded when computing the period of limitation? 
    A The first working day of the month in which suit is filed Correct Answer Incorrect Answer
    B The day from which the period of limitation is to be reckoned Correct Answer Incorrect Answer
    C The last day of the limitation period Correct Answer Incorrect Answer
    D Public holidays and Sundays Correct Answer Incorrect Answer
    E Any day when the court is open and functioning Correct Answer Incorrect Answer

    Solution

    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 – whether from accrual of cause of action, date of judgment, date of default, or other triggering events.

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