Application For Certified Copy Has To Be Made Before Expiry Of Limitation Period To Claim Exclusion Under Sec 12 Limitation Act : Supreme Court

The Supreme Court observed that person wishing to file an appeal has to file an application for a certified copy before the expiry of the limitation period to avail benefit of exclusion of "time requisite" for obtaining a copy.

If no application for a certified copy has been made, no exclusion can ensue, the bench of Justices DY Chandrachud, Vikram Nath and BV Nagarathna observed.

The court also added that the act of filing an application for a certified copy is not just a technical requirement for computation of limitation but also an indication of the diligence of the aggrieved party in pursuing the litigation in a timely fashion.

Section 12 of the Limitation Act provides for exclusion of time in legal proceedings. Sub Rule (2) provides that 'in computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded.' Explanation provides that 'in computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order before an application for a copy thereof is made shall not be excluded.'

In a judgment delivered in V Nagarajan vs SKS Ispat and Power Ltd LL 2021 SC 581, the Supreme Court examined the scope of this provision.

"Section 12 of the Limitation Act provides guidance on reckoning the period of limitation and excludes the time taken by a party for obtaining a certified copy of the order it seeks to appeal. However, the explanation clarifies that the time taken by the court in preparing the order before an application for a copy is filed by the aggrieved party, is not excluded from the computation of limitation", the court observed.

The court added that the time which is taken by the court to prepare the decree or order cannot be excluded before the application to obtain a copy is made

The import of Section 12 of the Limitation Act and its explanation is to assign the responsibility of applying for a certified copy of the order on a party. A person wishing to file an appeal is expected to file an application for a certified copy before the expiry of the limitation period, upon which the "time requisite" for obtaining a copy is to be excluded. However, the time taken by the court to prepare the decree or order before an application for a copy is made cannot be excluded. If no application for a certified copy has been made, no exclusion can ensue. In fact, the explanation to the provision is a clear indicator of the legal position that the time which is taken by the court to prepare the decree or order cannot be excluded before the application to obtain a copy is made. 

In this case, the appellant's contention was that the explanation to Section 12(2) of the Limitation Act would not be attracted in cases where a free copy is mandated by the statute and online copies can be used for filing an appeal. The explanation to Section 12(2) of the Limitation Act would apply only where no appeal can be filed without an application for, and furnishing of a certified copy. In any event, Section 12(2) of the Limitation Act excludes the time taken from the date of order to it becoming available, it was contended. On the other hand, the respondent contended that the Section 12 of the Limitation Act is clear in prescribing that the limitation period can be ascertained only after an application for a certified copy of the judgement or order is filed within the limitation period, in order to not be declared as time barred.

The court rejecting the appellant's contention held that the right to receive a free copy under Section 420(3) of the Companies Act obviated the obligation on the appellant to seek a certified copy through an application.

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