🏛 Computation of Period of Limitation: Section 12
📌 Topics Covered
- Whether u/s 12(2) read with the Explanation, appellant is entitled to exclude the time commencing from the date of judgment till signing of the decree prior to his application for a copy of judgment?
- Supreme Court in Udayan Chinubhai v. R. C. Bali [1977]
⚖️ Supreme Court on Section 12
- The correct legal position is that under Section 12(2) read with the Explanation, a person cannot get exclusion of the period that elapsed between pronouncement of the judgment and the signing of the decree if he made the application for a copy only after preparation of the decree.
- A party cannot take advantage of any ministerial delay in preparing the decree prior to his application for a copy.
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📖 Udayan Chinubhai v. R. C. Bali 1977 SC – Facts & Timeline
Facts of the case:
• Plaintiff [RC Bali] filed a suit. Court decreed the suit by judgment dated March 27, 1976: “I grant the plaintiff a final decree in the sum of Rs. 42,259. The plaintiff is directed to make up deficiency in court-fee within one month.”
• Plaintiff supplied deficient court-fees on May 6, 1976, on which date the decree was prepared and signed.
• Defendant [Udayan Chinubhai] filed an application for certified copies on July 14, 1976; copies were ready on September 17, 1976.
• Defendant filed the appeal in High Court on September 29, 1976.
Timeline:
• Date of judgment: March 27, 1976
• Date of deposit of court fee: May 6, 1976
• Date of decree: May 6, 1976
• Date of application for certified copies: July 14, 1976
• Date of receipt of certified copies: Sept 17, 1976
• Date of filing appeal in High Court: Sept 29, 1976
🏛 High Court Decision
The High Court held that the appeal was prima facie time-barred taking the date of decree as March 27, 1976 (date of judgment). It refused to condone the delay of 12 days which was not adequately explained.
❓ Question: Is appellant entitled to exclude time from judgment to decree under Sec 12(2)?
Answer:
• Section and Explanation allow exclusion of time requisite for obtaining a copy, but do not allow exclusion of time from judgment to application for copy.
• Objective: Prevent unmerited idleness and indifference of litigants in applying for copy.
• Correct legal position: u/s 12(2) read with Explanation, a person cannot exclude period between pronouncement of judgment and signing of decree if application for copy is made only after decree preparation.
• No party can take advantage of ministerial delay in preparing decree prior to application for a copy if no legal impediment exists.
📜 CPC Order XX Rule 7
• The decree shall bear the date on which the judgment was pronounced.
• When the Judge is satisfied that the decree has been drawn in accordance with judgment, he shall sign the decree.
📌 Effect of Explanation to Section 12
• Section and Explanation permit exclusion of time requisite for obtaining a copy, but time elapsed from judgment to application for copy cannot be excluded.
• Prevents giving premium to unmerited idleness of litigants.
• Correct legal position: cannot exclude period between pronouncement and signing if application made after decree preparation.
• Parties cannot exclude time taken by court for decree preparation if no application was made prior to decree.
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❓ FAQs: Section 12 – Limitation Act
1️⃣ Can the time between pronouncement of judgment and signing of decree be excluded under Sec 12(2)?
No. Under Section 12(2) read with the Explanation, the period from pronouncement of judgment to signing of decree cannot be excluded if the application for a copy is made only after the decree is prepared.
2️⃣ Does ministerial delay in preparing the decree benefit the appellant?
No. A party cannot take advantage of any ministerial delay in preparing the decree prior to his application for a copy if there is no legal impediment.
3️⃣ When does the period for filing appeal start under Sec 12(2)?
The period starts from the date of the decree after all legal conditions (like deposit of court-fee) are satisfied, not from the date of judgment if the decree is not yet prepared.
4️⃣ What is the object of the Explanation to Sec 12(2)?
The Explanation ensures litigants cannot claim time for unmerited idleness. Only the period properly required for obtaining a copy of decree can be excluded, not the delay caused by parties’ inaction.
5️⃣ How is the decree date determined when judgment requires action by a party?
The decree date is when all necessary actions (like depositing court-fee) are completed. Until then, no decree exists in law, and time for filing appeal cannot run.
6️⃣ Does Sec 12(2) allow exclusion of time if no legal impediment exists?
No. If there is no legal impediment to prepare the decree immediately after judgment, the time taken by the court to prepare it cannot be excluded unless an application for a copy was already made.
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