[General Clauses Act] Irrespective Of Number Of Days, Expiry Period Of 1-Month Should Be Based On Corresponding Date In Following Month: Kerala HC

The Court clarified that if period of a month starts on January 15, one month would expire on February 15 even if this results in a duration of 32 days. Similarly, Court stated if the period of a month begins from February 15, one month would expire on March 15 even if it is only 29 days.

Justice A. Badharudeen relying upon the Apex Court decision in State of Himachal Pradesh v M/S Himachal Techno Engineers (2010) held thus:

“It was clarified that if the month is April, June, September or November, the period comprising the month will be 30 days; if the month is January, March, May, July, August, October or December, the month will comprise of 31 days; but if the month is February, the period will be 29 days or 28 days depending upon whether it is a leap year or not. After referring to Section 3(35) of the General Clauses Act, 1897, it was held that the general rule is that the period ends on the corresponding date in the appropriate subsequent month irrespective of some months being longer than the rest.”

The Court was considering a writ petition challenging the order of the Sub-Court that period granted to the Petitioner for deposit of balance consideration expired.

An order was issued by the Sub Court directing the Petitioner to deposit balance amount within a period of three months in a decree for specific performance of a contract of sale on December 09, 2003. The Petitioner made the payment on March 08, 2004 and approached the Court for executing the sale deed. However, his payment was lapsed and he approached the Sub-Court.

The Sub-Court dismissed the Petitioner's application stating that deposit was not made within time.

The High Court observed that the Sub Judge misunderstood the calculation of three months period.

The Court noted that as per Section 3 (35) of the General Clauses Act, term month is calculated in accordance to British calendar.

It stated that the Apex Court in Bibi Salma Khatoon v State of Bihar (2001) held that the period of one month would expire upon the day in the succeeding month corresponding to the date upon which the period starts.

The Court further clarified thus: “Thus it has to be held that period of expiry of one month or months, as the case may be, shall be decided on fixing the date corresponding to the date upon which the period starts, that is to say, if period of one month starts from 15.01.2025, one month would be completed on 15.02.2025 (but actually 32 days). The period of one month starts from 15.02.2025 ends on 15.03.2025 even though the days are only 29, (since 2025 is not leap year, but if the year is leap year, then it will be 30 days). Similarly, when the period of one month would start on 15.04.2025, the same would end on 15.05.2025 (31 days).”

In the facts of the case, the Court held that the decree was passed on December 09, 2003 and balance deposit was made on March 08, 2004 which well within three months as stipulated by the Sub-Court.

As such, the writ petition was allowed.

Counsel for Petitioner: Advocates K.V.Sohan, K.Ambily, Sreeja Sohan.K.

Case Title: Badi Govindan v Dayaroth Arikothan Rohini

Case No: WP(C) NO. 18870 OF 2005

Citation: 2025 LiveLaw (Ker) 182

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