Mohit filed a civil suit against Rohit for recovery of money within the prescribed limitation period. However, due to a defect of jurisdiction, the court returned the plaint after several months. Mohit then filed the sam

According to Section 14 of the Limitation Act 1963, the relief to a person is given when the period of limitation is over, because another civil proceeding related to the matter in issue had been initiated in a court which is unable to entertain it, by lack of jurisdiction or by any other like cause. The following conditions must co-exist for the applicability of this Section: that the plaintiff or the applicant was prosecuting another civil proceeding against the defendant with due diligence in the above said court; that the previous suit or application related to the same matter in issue; that the plaintiff or the applicant prosecuted in good-faith in that court; and that the court was unable to entertain a suit or application on account of defect of jurisdiction or other like cause. Thus, referring to above provisions, it can be said that Mohit is entitled to exclusion of time spent in earlier proceedings under the Limitation Act, 1963 provided the conditions laid down in Section 14 of the Limitation Act, 1963 are satisfied.