A1) The core concept of limitation refers to the setting or prescription of a limited time for legal

acts to be taken. ‘Period of limitation' indicates the limitation period imposed for any lawsuit or
action as per the lines of Section 2, sub clause (j) of the Limitation Act, 1963. While, ‘prescribed
period' indicates the period of limitation determined in accordance with the requirements of the
same.

Explicit provisions for the removal of certain time from the computation of the required period
of limitation in certain circumstances is stated in The Limitation Act of 1963.

i. “Exclusion of time in legal proceedings (section 12).

ii. Exclusion of time during which leave to sue or appeal as a pauper is applied for
(section 13).
iii. Exclusion of time bona fide taken in a court without jurisdiction (section 14).
iv. Exclusion of time in certain other cases (sections 15, 16 & 17).” 1

Section 12(1)- The day from which the limitation period is to be calculated shall be excluded
when computing the period of limitation stipulated for any suit or appeal.

Section 12 (2) - The day on which the judgement was pronounced, as well as the time needed to
retrieve a copy of the decree, sentence, or order appealed from or sought to be reviewed, are
excluded from the computation of the period of limitation prescribed for an appeal, an
application for leave to appeal, and an application for a review of judgement.

Section 12 (3) - The total time to get a record of the decision on which the decision is based
is excluded when a decision is challenged or asked to be reviewed.

Section 12 (4) -Time spent acquiring a copy of the award will be excluded.

(5) Section 13- The applicant's claim for "authority to challenge or appeal as a pauper" shall
be excluded during the period he has been litigating in good faith.

(6) Section 14- Subject matter relating to civil proceedings have been filed in a court that is
unable to hear it due to a lack of authority or so.

1
The Limitation Act 1963.
(7) If a litigation or application for the execution of a decree was stopped by an injunction or
order, the duration of the injunction is not counted.

(8) The time spent acquiring government consent will be excluded.

(9) The defendant's absence from India and from areas managed by the Central Government
outside of India will be exempted.

(10) Section 17- The term of limitation does not begin to run until the claimant or applicant
discovers fraud or mistake, if the suit or application is founded on the defendant or respondent or
his agent's fraud or mistake, or in other instances.

Q2) The term is not defined in the Code. A Second Appeal can only be heard if it involves a
significant legal issue or controversy. It must be disputed, not have been previously decided by
lower courts, and not be precedent-setting in any way to be considered a substantial point of
law. The High Court will assess whether the question of law is substantial, which will rely on
the evidence and facts of the case. If the court is convinced that the report contains such a
question, the clause to Section 100 gives the court the ability to hear matters that were not stated
by it but are part of the significant matter of law. In Sir Chunilal V. Mehta And Sons, Ltd. vs The
Century Spinning And Manufacturing Co., Ltd., the Supreme Court held that the appropriate test
for determining whether a question of law that is raised in the case is substantial or not is be
whether it is either an open matter in the sense that it has not been definitively resolved by the
Privy Council, or the State Supreme court, or a complex question that requires debate of
opposing viewpoints.” A High Court can also rule on a factual question in specific
circumstances.

An ex parte decree can be appealed afresh. A matter of fact, law, or a mixed question of fact and
law cannot be appealed. A money decree with a value of less than twenty-five thousand rupees
does not allow for a second appeal. While deciding an appeal, the High Court should develop a
substantial legal question. Even though there is no second appeal on a matter of fact when an
appeal is before the High Court and the proof is adequate, Section 103 specifies that the Court
may consider any issue of fact required for the appeal's disposition. Two circumstances for the
same is: First, if the matter has not been resolved by the trial court, appellate court, or both, and
second, if the issue has been incorrectly resolved by such court as a result of its findings on a
serious question of law.