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PART III COMPUTATION OF PERIOD OF LIMITATION

Section 14: Exclusion of time of proceeding bona fide in court without jurisdiction

The Limitation Act, 1963

(1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it.

(2) In computing the period of limitation for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it.

(3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule 1 of that Order, where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a like nature.

Explanation.—For the purposes of this section,—

(a) in excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted;

(b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding;

(c) misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction.

Questions on this section

12 questions in 33 of our papers cite Section 14. Try these from the free papers:

  1. 1. Under the Explanation to Section 14 of the Limitation Act, 1963, which of the following is deemed to be a cause of a like nature with defect of jurisdiction?

  2. 2. In Consolidated Engineering Enterprises v. Principal Secretary, Irrigation Department (2008), the Supreme Court held that:

  3. 3. Section 14(3) of the Limitation Act, 1963 applies Section 14(1) to a fresh suit instituted on permission granted under Order XXIII Rule 1 of the Code of Civil Procedure, 1908, where that permission is granted on the ground that:

Practise questions on Limitation Act, 1963