Discuss the conditions, that must co-exist for exclusion of time in suits or applications that are filed in a Court without jurisdiction, and whose period of limitation is over, under the Limitation Act, 1963.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
Discuss the conditions, that must co-exist for exclusion of time in suits or applications that are filed in a Court without jurisdiction, and whose period of limitation is over, under the Limitation Act, 1963.
Answer & Explanation:
Section 14 of the Limitation Act, 1963 (the Act) provides the provisions relating to Exclusion of time of proceeding bona fide in court without jurisdiction. The relief to a person is given by Section 14 of the Act when the period of limitation is over, because another civil proceedings relating 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 proceedings 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.
Topics: Limitation Act, 1963
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