M.P. Civil Judge Question Paper 2019 Phase I

What are the circumstances under which certain period of time is excluded while computing the limitation period ? Explain.

Verified Answer
  1. Core Legal Answer & Context: The Limitation Act, 1963, prescribes periods within which legal proceedings must be initiated. However, it also provides for the exclusion of certain periods when computing the limitation period, based on the principle that a party should not be penalized for delays caused by circumstances beyond their control or by legal processes. These exclusions ensure that genuine delays do not unjustly bar a party from seeking legal redress.

Circumstances for Exclusion: (a) Time for obtaining copies (Section 12): The time requisite for obtaining a copy of the decree, order, or award appealed from or sought to be reviewed, or of the judgment on which it is founded, is excluded. (b) Exclusion of time of proceeding in court without jurisdiction (Section 14): Time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the defendant, for the same relief, is excluded, provided the proceeding was prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, was unable to entertain it. (c) Exclusion of time during which commencement of suit or execution has been stayed by injunction or order (Section 15): The time during which the institution of the suit or application for the execution of a decree has been stayed by injunction or order is excluded. (d) Exclusion of time during which defendant is absent from India (Section 15(2)). (e) Exclusion of time for notice (Section 15(3)): Time for notice required by law before instituting a suit. (f) Legal Disability (Section 6): If a person entitled to institute a suit or make an application is a minor, insane, or an idiot at the time the right accrues, the period of limitation is computed from when the disability ceases.

  1. Relevant Statutes and Sections:
  • Limitation Act, 1963: Sections 6, 12, 14, 15.
  1. Important Landmark Cases:
  • Madan Gopal v. Mamraj Maniram (1976): Explained the conditions for exclusion under Section 14, particularly the requirement of 'due diligence' and 'good faith' in prosecuting the earlier proceeding.
  • Union of India v. West Coast Paper Mills Ltd. (2004): Further clarified the scope and application of Section 14, emphasizing its beneficial nature.
  1. Clear Conclusion: The Limitation Act, through specific exclusion provisions, ensures that the computation of limitation periods is fair and equitable, preventing the barring of legitimate claims due to unavoidable delays caused by legal procedures, disabilities, or other specified circumstances.