Before we jump into the main topic: how to calculate or compute the period of limitation, it is important to state here about the Limitation Act and the Copy period, which is specifically excluded from the counting of such period.

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The Limitation Act, 1963:

The Limitation Act, 1963, is an important law in India. It was enacted to decide how much time a person has to file a case in court. This law applies to civil cases, appeals, and applications as well as some criminal cases. The main aim of this act is to make sure people do not take forever to start legal actions and take the legal course of action for granted. After coming to the end of the prescribed period of limitation, a person may still file the intended petition/application/appeal, but it is subject to the full satisfaction of the Court that that party had sufficient means, which had prevented them from taking the appropriate step within the prescribed time period.

Period of Limitation, defined in simple terms:

The "period of limitation" is the specific time that is allowed by law to bring a case to court. Different types of cases have different time periods. Once the period is over, the right to bring the matter to court extinguishes, and even though the party seeking relief has an equitable right, he loses the same by not preferring the case within the fixed time period. One of the other reasons for prescribing or fixing the period of limitation is to help the courts adjudicate and decide the cases where evidence is still fresh and not lost with the due passage of time.

Here’s a link to the Schedule mentioning the Limitation period for different cases. Read here

How is the Period of Limitation Calculated?

The period of limitation is counted from the day the "right to sue" arises. This means the day when something happens that gives you a valid reason to go to court. In legal terms, such an event is commonly known as “Cause of Action.”

For example:

If someone borrowed money and promised to pay by 1st January 2020, and he does not pay you on the date fixed, the cause of action arises to file the suit or case, and the time limit starts from that date.
In the event there is fraud or a hidden fact, the time starts from the day the fraud or suppression is discovered.
In case the Judgment passed by the District Court is not desirable to a party, then the period of limitation starts from the date of passing of such Judgment, which the party intends to challenge.
If the last day of the limitation period falls on a holiday when the court is closed, you can file the case on the next working day.

There are also some exceptions. In some cases, the court can allow filing even after the limitation period if the person has a valid reason for the delay. This is called "condonation of delay." This aspect has been dealt with in detail in another article, the same may be referred for ready reference. Read here.

Calculation of Copy Period:

The copy period is a slang term used in general, which means the time taken to obtain the certified copy of the order or judgment that is to be challenged before the higher forum. When one applies for a certified copy of the Order, it generally goes through different sections of the Court, such as registry, copy section, SR section, etc. On a close scrutiny of a certified copy, it can be seen on the front page or on the last page that five (5) dates are mentioned in general. They are described below in detail:

Date of Apply;
Date of Notification;
Date of Supply;
Date of Ready;
Date of Delivery.

If such wordings, such as date of application, notification, supply, etc, are not mentioned or other keywords are mentioned, then the dates mentioned in the top portion of the front page of the certified copy or the last page are to be read in sequence as mentioned above.

Date of Apply:

Often it is written as date of application. This is the date on which a party or person applied for the certified copy of the Order or Judgment, or document, as the case may be

Date of Notification:

After the application for the certified copy is made, it becomes the duty of the registry of the Court to assess the fees required to be paid. The date when the registry notified the requisite amount of fees to be paid is mentioned in this part.

Date of Supply:

Often written as Date of Compliance or comply. This means the date on which the party or his agent deposited the required amount before the Court.

Date of Ready:

After appropriate fees are deposited, again, it is the duty of the Court to prepare the certified copy. When the Copy is prepared and ready to be delivered to the applicant, such date is mentioned in this section.

Date of Delivery:

This is the date when the applicant receives the copy he applied for.

Calculation of Actual Period:

Now, we will come to the topic of how to calculate the copy period. The time taken from the date of application till the date of notification is excluded from the period of limitation since it is the duty of the registry of a Court to intimate the applicant of how much fee he has to deposit. Thereafter, from the date of notification till the date of supply, no benefit copy period would be made available to the applicant, as it is his duty to submit the fees as early as possible. If he delays, it is not the liability of the registry.

Thereafter, from the date of supply till the date of ready, the benefit of the copy period is made available to the applicant. Therefore, in short, the copy period is calculated as = [time taken from date of application to date of notification] + [time from date of supply to date of ready]

Live Example:

For instance, let us understand the concept of calculation of copy period by an example. Suppose the District Court passed a Judgment on 08-11-2024. The appellant is not satisfied with the Judgment and decides to prefer an Appeal before the High Court. The period of limitation is 90 days.

He applied for a Certified copy of the Judgment before the registry of the District Court on 14-11-2024 and got it on 06-01-2024.

(The date of application was: 14-11-2024, notification: 27-12-2024, Supply : 27-12-2024, Delivery: 06-01-2025)

Thereafter, he visited his Counsel/Advocate at High Court on 20-03-2025, and accordingly, the Appeal was drafted and was filed before the High Court on 25-03-2025. Now the question arises, as to whether the appeal is time-barred and it was filed beyond the prescribed period of limitation? Let’s examine.

Total time taken from date of Judgment till Date of filing of appeal :[from 08-11-2024 till 25-03-2025] = 134 days
Copy period = [date of application - date of notification] + [date of supply - date of ready] = 43 days + 10 days = 53 days
Hence the actual period of limitation = Total time - Copy period = 134 - 53 = 81 days

Answer: Since excluding the copy period, the time period from the date of judgment till the date of filing of the appeal comes to 81 days, the appeal was not time-barred, and it was filed within the prescribed period of limitation.

Hope this article helps you out in understanding the basics of computation of the period of limitation, which may aid you in your legal matters. Many a time, it is seen that the registry makes an error in computing the limitation period; in that event, you might rectify it and calculate the correct period.

Reference:

Section 12 of the Limitation Act, 1963: Exclusion of Time in Legal Proceedings
Period taken by COurt to provide certified copy is to be excluded while determining the period of limitation
Law of Limitation, 1963
Limitation- Section 12 of Limitation Act

Limitation Act, 1963: Period of Limitation, Copy period, and How to Calculate It