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What is Suits on contracts entered into outside the territories to which the Act extends? What is Exclusion of time in legal proceedings? Section 11 and 12 of Limitation Act 1963

Suits on contracts entered into outside the territories to which the Act extends and Exclusion of time in legal proceedings are defined under section 11 and 12 of Limitation Act 1963. Provisions under these sections are:

Section 11 of Limitation Act "Suits on contracts entered into outside the territories to which the Act extends"

(1) Suits instituted in the territories to which this Act extends on contracts entered into the State of Jammu and Kashmir or in a foreign country shall be rules of limitation contained in this Act.

 

 

(2) No rule of limitation in force in the State of Jammu and Kashmir or in a foreign country shall be a defense to a suit instituted in the said territories on a contract entered into in that State or in a foreign country unless -
a. the rule has extinguished the contract; and
b. the parties were domiciled in that State or in the foreign country during the period prescribed by such rule.

 

Section 12 of Limitation Act "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.

 

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