For a civil appeal from a decree governed by Article 116 of the Limitation Act, 1963, which date is the…
Article 116 starts from the date of the decree or order. Under Order XX, rule 7 of the Code of Civil Procedure, 1908, a decree bears the date the judgment was pronounced.…
Choose your answer
For a civil appeal from a decree governed by Article 116 of the Limitation Act, 1963, which date is the starting point before applying the exclusions in section 12?
Answer and explanation
Correct answer A
Article 116 starts from the date of the decree or order. Under Order XX, rule 7 of the Code of Civil Procedure, 1908, a decree bears the date the judgment was pronounced. Section 12 separately excludes the relevant day and the time requisite for obtaining the applicable copies.
Option feedback
Option A
The decree bears the date of pronouncement of judgment under Order XX, rule 7.
Option B
Signing may happen later. The date the decree bears remains the date of pronouncement.
Option C
The copy application can matter in computing excluded time. It is not the Article 116 starting event.
Option D
Availability of a copy can matter in calculating excluded time. It does not reset the starting date.
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West Bengal Judicial Services
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CUET PG Law (LL.M.)
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