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    Question

    Under Section 14 of the Limitation Act, 1963, the time

    spent in prosecuting a proceeding in a court which has no jurisdiction is excluded from the computation of limitation. Which conditions must be satisfied for this exclusion to apply?
    A The prior proceeding must have been filed bona fide, in a court having no jurisdiction, and prosecuted with due diligence Correct Answer Incorrect Answer
    B The prior proceeding must have been filed in any court and the plaintiff must show financial hardship as the reason for filing in the wrong forum Correct Answer Incorrect Answer
    C The exclusion applies only when the court itself transfers the matter to the competent court under Section 24 of the CPC Correct Answer Incorrect Answer
    D The exclusion is available only in suits relating to immovable property and not in any other proceedings Correct Answer Incorrect Answer

    Solution

    Section 14 of the Limitation Act, 1963 provides that in computing the period of limitation for any suit, the time during which the plaintiff was prosecuting with due diligence another civil proceeding against the same defendant, in a court which from defect of jurisdiction or other cause of a like nature was unable to entertain the suit, shall be excluded provided the proceeding was bona fide. All three conditions bona fide filing, lack of jurisdiction, and due diligence must be satisfied simultaneously.

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