Certified copies and limitation: section 12(2) explained
How the time to obtain a certified copy is excluded from limitation, what counts and what does not, with worked examples.
Updated 31 Oct 2026 · General information, not legal advice for a particular case.
Use the free limitation period calculator →The rule
Section 12(2) of the Limitation Act excludes, in computing the period for an appeal, revision or review, the day the judgment 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. Section 12(3) gives the same benefit for a copy of the judgment where a decree or order is appealed.
What counts as time requisite
Courts count the period from the date the copy application is made to the date the copy is ready for delivery, both inclusive. If the copy was ready earlier but collected later, the delay in collecting it is not excluded.
Time that passes before the application is made is not excluded. If the copy is applied for after limitation has already expired, there is nothing to extend.
Worked example
Order dated 1 March. Appeal period 30 days, so the basic last day is 31 March. Copy applied for on 10 March and ready on 20 March: 11 days are excluded, and the last day becomes 11 April. If 11 April is a court holiday, section 4 allows filing on the reopening day.
Keep the trail
Record the copy application number, the date the fee was paid and the date the copy was notified ready. In AdvocateFlow, each copy application moves from applied to ready and collected, and the limitation calculator uses those dates.
Frequently asked questions
- Is time taken to collect a ready certified copy excluded?
- No. Only the time requisite for obtaining the copy is excluded; delay after it is ready is not.
- What if my High Court accepts appeals without a certified copy?
- The exclusion still depends on when a certified copy was applied for and became ready. Check your High Court's rules on filing with uncertified copies, and do not rely on an exclusion for a copy never applied for.