Part III - Computation of period of limitation

12. Exclusion of time in legal proceedings. - Exclude the first day. For appeals, leave, revision or review, exclude the pronouncement day and time requisite for obtaining the relevant decree, sentence or order; also apply the stated judgment-copy rule. For setting aside an award, exclude time requisite for obtaining the award. Time taken before applying for a copy is not automatically excluded. 13. Exclusion of time where leave to sue or appeal as an indigent person is applied for. - If such an application is rejected, exclude the period of good-faith prosecution and, on payment of court fees, treat the proceeding as if fees were paid initially. 14. Exclusion of time of proceeding bona fide in court without jurisdiction. - Exclude time spent with due diligence and good faith in another civil proceeding concerning the same matter or relief where the court could not entertain it for defect of jurisdiction or a cause of like nature. The section includes the stated Order XXIII fresh-suit rule and explanations concerning inclusion of first/last days, resisting an appeal and misjoinder. 15. Exclusion of time in certain other cases. - Exclude the duration and endpoint days of an injunction or stay; the statutory notice period or time for prior consent or sanction; the insolvency/winding-up interval stated for receivers or liquidators; time spent challenging an execution sale for a purchaser-possession suit; and, for a suit, time during which the defendant was absent from India and the specified administered territories. 16. Effect of death on or before accrual of right to sue. - If a person dies before the right accrues, or the right accrues only on death, limitation runs from when a capable legal representative exists. A parallel rule applies where the intended defendant dies before accrual. The section does not apply to pre-emption, possession of immovable property or hereditary-office suits. 17. Effect of fraud or mistake. - Where the claim is based on fraud, the right/title is fraudulently concealed, relief is sought from mistake, or a necessary document is fraudulently concealed, time begins on discovery or when reasonable diligence could have discovered it, subject to the protected purchaser provisos. If fraud or force prevents execution, the court may extend time on an application made within one year after discovery or cessation. 18. Effect of acknowledgment in writing. - A written and signed acknowledgment made before expiry starts a fresh period from signature. Signature may be personal or by authorised agent. The acknowledgment can qualify despite omission of exact details, postponement language, refusal, set-off or being addressed to another person. The section contains evidence rules for undated acknowledgments and excludes execution applications from its property/right concept. 19. Effect of payment on account of debt or of interest on legacy. - A qualifying payment made before expiry by the liable person or authorised agent starts a fresh period from payment, provided the statutory written-handwriting/signature condition is met. The Explanation addresses mortgagee possession and excludes money payable under a decree or order from "debt". 20. Effect of acknowledgment or payment by another person. - The section defines authorised agency for persons under disability, prevents one joint contractor/partner/executor/mortgagee being charged merely by another's act, and states the limited-owner and Hindu undivided family manager rules. 21. Effect of substituting or adding new plaintiff or defendant. - As against a newly added or substituted party, the suit is ordinarily instituted when the party is added. The court may direct an earlier date where omission arose from a good-faith mistake. Assignment, devolution and conversion of plaintiff to defendant or vice versa are excluded from subsection (1). 22. Continuing breaches and torts. - For a continuing breach or continuing tort, a fresh period begins at every moment during which it continues. 23. Suits for compensation for acts not actionable without special damage. - Where an act is not actionable until specific injury results, limitation is computed from the time the injury results. 24. Computation of time mentioned in instruments. - Instruments are deemed to refer to the Gregorian calendar for the purposes of the Act.