Section 12 in The Limitation Act, Svt. 1995 (1938 A.D.)
12. Exclusion of time in legal proceedings.
(1)In computing the period of limitation prescribed for any suit, appeal or application, the day from which such period is to be reckoned shall be excluded.(2)In computing the period of limitation prescribed for an appeal, an application for leave to appeal and an application for a review of judgment, the day on which the judgment complained of was pronounced, and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be reviewed, shall be excluded. In an appeal from an appellate decree or order so much of the time requisite for obtaining a copy of the judgment of the Court of first instance for the purpose of being filed with the memorandum of appeal shall also be excluded as may be in excess of the time spent in obtaining a copy of the decree or order appealed against and that of the judgment on which the said decree is founded, but no part of the time common to the copies shall be counted twice over.IllustrationAn application for copy of the decree appealed against and the judgment on which the said decree is founded is made on the 10th of June. An application for copy of the first Court's judgment is made on the 25th June. The period requisite for the supply of copies under the first application runs up to the 5th July and under the second to the 10th July. The time common to the copies from the 25th of June to the 5th of July shall be counted only once.(3)Where a decree is appealed from or sought to be reviewed, the time requisite for obtaining a copy of the judgment [x x x] [Words deleted by Act VI of 2009, section. 33.] shall also be excluded. Where in filing a second appeal it is incumbent on the appellant to file a copy of the judgment of the first Court, the time requisite for obtaining such copy shall be excluded.(4)In computing the period of limitation prescribed for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.Explanation: - The time requisite for obtaining a copy will be the time between the date when the estimated cost of a copy is paid in by the applicant in accordance with the order passed in this respect and the date when the copy is ready and a notice is put up notifying the fact. The day of paying the cost of the copy and the day on which the copy is delivered will both be excluded.
