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Section 13: Exclusion of time in cases where leave to sue or appeal as a pauper is applied for

Limitation Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 12 All 32 Sections The Schedule (Arts 1–137) Section 14

Legal Commentary & Landmark Judgments: Section 13

Section 13 of the Limitation Act, 1963 provides for the exclusion of time bona fide spent in prosecuting an application for leave to sue or appeal as a pauper (indigent person) when such application is rejected.

  • Indigent Application Trigger: Applies where an application for leave to sue or appeal as an indigent person (pauper) has been made and rejected.
  • Exclusion of Time: The time spent from the date of presentation of the pauper application to the date of its rejection shall be excluded in computing limitation for the suit or appeal.
  • Payment of Court Fees: The court may allow the applicant to pay the requisite court fees within a specified time; upon payment, the suit/appeal is deemed instituted on the date the pauper application was originally filed.
Key Landmark Precedents:
  • Mathew v. State of Kerala, AIR 1993 Ker 324: The High Court held that Section 13 is an equitable provision ensuring indigent litigants are not rendered time-barred while the court adjudicates their poverty status under Order XXXIII CPC.
  • R.S. Pathak v. Union of India, (1992) Supp (2) SCC 145: Affirmed that payment of court fees following the rejection of an indigent application relates back to the initial date of presentation.
Courtroom Practice & Strategic Litigation Guidance:

If your client's Order XXXIII CPC indigent application is rejected, immediately move an application under Section 13 read with Section 149 CPC seeking two weeks time to deposit the court fees, ensuring the suit is saved from limitation.

Section 12 All 32 Sections The Schedule (Arts 1–137) Section 14