Limitation saving period under the 1963 Act excludes the commencement day and preserves a timely property delivery application.

Section 30(b) of the Limitation Act, 1963 gave applications whose limitation period had been shortened by the new Act a 90-day saving period from commencement, and section 12(1) required the day of commencement to be excluded in computing that period. On that construction, an application for delivery of property filed on 1-4-1964 was within time, because the 90 days ran from the day after commencement. The application was therefore not barred by limitation.

---

---

Issues: Whether an application for delivery of property, filed after the commencement of the Limitation Act, 1963 but within 90 days thereafter, was saved by section 30(b) read with section 12(1) of that Act.

Analysis: The limitation period applicable under the old law was longer, but the new Act shortened the time. Section 30(b) granted a period of 90 days next after the commencement of the new Act for appeals or applications for which the period had become shorter. Since the term "commencement" means the day on which the Act came into force, the day of commencement itself was not counted. Section 12(1) required exclusion of the day from which the period was to be reckoned, so the day next after commencement was excluded in computing the 90-day period.

Conclusion: The application filed on 1-4-1964 was within time and not barred by limitation.

---