COMPUTATION OF PERIOD OF LIMITATIONCentral

Section 13 of The Limitation Act, 1963

Exclusion of time in cases where leave to sue or appeal as a pauper is applied for.

In computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded, and the court may, on payment of the court fees prescribed for such suit or appeal, treat the suit or appeal as having the same force and effect as if the court fees had been paid in the first instance.

Summary

This section applies when a person's application to sue or appeal as a pauper is rejected.
The time spent pursuing the pauper application in good faith is excluded when calculating the limitation period.
The court may allow the applicant to pay the required court fees after the rejection.
Once fees are paid, the case is treated with the same force and effect as if the fees were paid at the very beginning.

Practical examples

1Anil applies for permission to sue as a pauper because he cannot afford the court fees. He spends 40 days presenting and arguing this application in good faith before the court rejects it. Anil then pays the fees. The court excludes those 40 days from Anil's limitation period.

2Geeta wants to appeal a decree but has no funds. She files a pauper appeal application. The court takes 30 days to process and reject her application. Geeta pays the court fees within the time allowed by the court. Her appeal is treated as filed on the date she first applied.

FAQ

1. What is a pauper application under Section 13 of The Limitation Act, 1963?

Under Section 13 of The Limitation Act, 1963, a pauper application is a request by a poor person for permission to sue or appeal without paying the usual court fees.

2. What happens if a pauper application is rejected under Section 13 of The Limitation Act, 1963?

Under Section 13 of The Limitation Act, 1963, if the application is rejected, the time spent pursuing it in good faith is excluded, and the person can pay the court fees to proceed.

3. Does the lawsuit date change after a pauper application is rejected under Section 13 of The Limitation Act, 1963?

No, under Section 13 of The Limitation Act, 1963, if the court fees are paid, the suit is treated as if the fees had been paid on the very first day of application.

Test yourself

1.Under Section 13 of The Limitation Act, 1963, what condition must be met to exclude the time spent pursuing a rejected pauper application?

2.Under Section 13 of The Limitation Act, 1963, if a pauper application is rejected and court fees are subsequently paid, how is the suit or appeal treated?

3.Under Section 3 of The Limitation Act, 1963, a suit by a pauper is deemed to be instituted when? Use your understanding of both Section 3 and Section 13 to answer.

4.Under Section 13 of The Limitation Act, 1963, what types of proceedings are eligible for this exclusion of time?

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