In a civil appeal governed by the Limitation Act, 1963, the appellant promptly applies for a required…
Section 12(2) of the Limitation Act, 1963 excludes the time requisite to obtain the decree, sentence or order for the proceedings it covers. If a qualifying appeal or…
Choose your answer
In a civil appeal governed by the Limitation Act, 1963, the appellant promptly applies for a required copy of the decree. How does the time requisite to obtain it affect the limitation calculation?
Answer and explanation
Correct answer C
Section 12(2) of the Limitation Act, 1963 excludes the time requisite to obtain the decree, sentence or order for the proceedings it covers.
If a qualifying appeal or application is still late after computation, section 5 requires sufficient cause and leaves admission to the court’s discretion.
Option feedback
Option A
Section 12(2) itself excludes requisite copy time. Section 5 deals separately with an appeal or eligible application that remains late.
Option B
The statutory computation excludes requisite time. Receipt does not give a new full limitation period.
Option C
Section 12(2) directs exclusion of the time requisite to obtain the relevant decree copy.
Option D
Section 12(2) specifically covers the decree, sentence or order. Section 12(3) additionally addresses copies of judgments in the proceedings it specifies.
Practice for these exams
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West Bengal Judicial Services
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CUET PG Law (LL.M.)
Subject revision