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Executive summary
Section 12 of the Limitation Act, 1963 decides how most appeal and revision deadlines are actually counted. Section 12(1) excludes the day from which the period is reckoned. Section 12(2) excludes, for an appeal, revision or review, the day the judgment was pronounced and the time requisite for obtaining a copy of the decree or order. Section 12(3) adds the time for a copy of the judgment where a decree is appealed.
Two rules trip people up. First, the explanation to section 12 says that time the court takes to prepare the decree before you apply for a copy is not excluded. Second, the exclusion only helps if you apply for the copy while limitation is still running; an application made after the period has expired cannot revive it.
Below are the steps, the related provisions (section 4 for court closure, section 5 for condonation, section 29(2) for special laws), common appeal periods, and two worked examples. The free limitation period calculator applies the same rules and shows each exclusion so you can check it.
How to compute an appeal deadline with section 12
Find the right period in the Schedule or the special law
Identify the article of the Limitation Act Schedule, or the provision of the special statute, that prescribes the period. For special laws, section 29(2) applies sections 4 to 24 of the Limitation Act unless the special law expressly excludes them.
Exclude the day of the judgment
Under sections 12(1) and 12(2), the day the judgment or order was pronounced is not counted. The period starts the next day.
Note the date you applied for the certified copy
Record the application date from the copying department’s receipt. The application must be made before limitation expires; otherwise there is nothing to extend.
Note the date the copy was ready for delivery
The time requisite usually runs from the application to the date the copy was ready and notified for delivery, not the date someone collected it. Keep the endorsement on the copy that shows these dates.
Exclude only the time requisite
Add the days between application and readiness to the base period. Time before you applied is not excluded, even if the decree had not been drawn up yet (explanation to section 12).
Check for court closure on the last day
If the computed last day falls on a day the court is closed, section 4 lets you file on the day it reopens.
If still late, prepare a section 5 application
For appeals and applications (other than applications under Order XXI CPC), section 5 permits condonation of delay on sufficient cause. It does not apply to suits. Explain the entire period of delay.
Provisions that decide the count
| Provision | What it does | Applies to |
|---|---|---|
| Section 12(1) | Excludes the day from which the period is to be reckoned | Suits, appeals and applications |
| Section 12(2) | Excludes the day of judgment and the time requisite for a copy of the decree, sentence or order | Appeals, leave to appeal, revision and review |
| Section 12(3) | Also excludes the time requisite for a copy of the judgment when a decree is appealed | Appeals from decrees and related applications |
| Section 4 | If the period expires on a day the court is closed, filing on reopening is in time | Suits, appeals and applications |
| Section 5 | Delay may be condoned on sufficient cause | Appeals and applications, not suits or Order XXI applications |
| Article 116 | Appeal under the CPC: 90 days to a High Court, 30 days to any other court | Civil first and second appeals |
| Article 115 | Criminal appeals: 60 days to a High Court and 30 days to any other court for most appeals; 30 days from a death sentence | Appeals under the Code of Criminal Procedure |
| Article 131 | Revision under the CPC or criminal procedure code: 90 days | Revisions |
Worked example: first appeal to a High Court
A district court pronounces a decree on 10 January 2026. A first appeal to the High Court has a limitation of 90 days under Article 116. Excluding 10 January, the 90 days run from 11 January and end on 10 April 2026.
The certified copy was applied for on 20 January and was ready on 5 February. Counting both the application day and the ready day, that is 17 days of time requisite. Adding 17 days to 10 April gives 27 April 2026, a Monday, as the last date. Local practice differs on whether both end days are counted, so work to the shorter figure if there is any doubt; the calculator shows which days it has counted.
Had the copy been applied for on 15 April, after limitation expired on 10 April, section 12(2) would not help at all. The appeal would need a section 5 application.
Worked example: the explanation and decree preparation
Judgment is pronounced on 2 March, but the decree is signed only on 25 March. The party applies for a copy of the decree on 26 March. The 23 days the court took to draw up the decree before the application are not excluded under the explanation to section 12; only the time from 26 March until the copy is ready counts.
The safe habit is to apply for the certified copy of the judgment and decree the day the judgment is pronounced, or the next working day, and to record both dates on the matter. In Legal Staff the limitation tracker lists each exclusion with the provision used, so the senior approving the date can see exactly what was excluded and why. The calculation is a tool; the advocate remains responsible for the date.
- Apply for certified copies on the day of judgment wherever possible.
- Photograph or scan the copying department receipt and the endorsement on the copy.
- Check your High Court’s rules on whether a certified copy must accompany the memo of appeal.
Common pitfalls
Section 12(2) extends a running period; it cannot revive one that has ended. A late copy application needs a condonation application instead.
The time requisite generally ends when the copy is ready for delivery. Days after that, while the copy waits uncollected, are not excluded.
The explanation to section 12 says time taken to prepare the decree before the copy application is not excluded.
Section 5 condonation applies to appeals and applications only. A suit filed out of time is barred.
Some statutes set their own periods and limits on condonation. Check whether the special law excludes sections 4 to 24 before applying section 12 or section 5.
Frequently asked questions
Does section 12 apply if I applied for the certified copy after the limitation period ended?
No. The exclusion only works within a running period. If the copy application is made after limitation has expired, you need a section 5 application to condone the delay.
Is the time until I collect the copy excluded?
Generally only until the copy is ready for delivery. Keep the endorsement on the certified copy that shows the application date and the date it was ready.
Can section 5 condonation be used for a suit?
No. Section 5 applies to appeals and applications (except applications under Order XXI CPC). It does not extend the time for filing a suit.
What if the last day falls on a court holiday?
Under section 4, if the prescribed period expires on a day the court is closed, filing on the day it reopens is treated as within time.
General information for advocates, not legal advice. Statutes, rules and court practice directions change; check the bare Act, the latest amendments and your court's rules before relying on any date or section.