12. Exclusion of time in legal proceedings –
(1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned shall be excluded.
(2) 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.
(3) Where a decree or order is appealed from or sought to be revised or reviewed, or when an application is made for leave to appeal from a decree or order the time requisite for obtaining a copy of the judgment on which the decree or order is founded shall also be excluded.
(4) In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.
Explanation – 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 copy thereof is made shall not be excluded.
Experts please clarify whether the above exemptions applicable to condone the delay in filing application for setting Ex-parte Decree/Judgment under Order 9 Rule 13 of CPC. That I mean to ask, in calculating the 30 days limitation for filing an application for setting aside exparte decree, can we exclude the number of days elapsed in obtaining the decree copy from the court.
