New FLASH SALE Dhamaka - Flat 60% Off on All Courses

    Question

    Sec 14 of limitation Act will have no application:

    A Where the suit is dismissed after adjudication on its merits Correct Answer Incorrect Answer
    B Where the suit is dismissed because the court was unable to entertain it Correct Answer Incorrect Answer
    C Both (a) and (b) Correct Answer Incorrect Answer
    D Neither (a) and (b). Correct Answer Incorrect Answer

    Solution

    Limitation Act, 1963 This section is applicable only in matters for excluding time spent if the matter has b=gone before court not having jurisdiction. But, where the suit is dismissed after adjudication on merits then this section has no application on it. S. 14 Exclusion of time of proceeding bona fide in court without jurisdiction. — (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.  

    Practice Next