Applicability of section 14(3) of limitation act
krishna
(Querist) 18 January 2015
This query is : Resolved
Plaintiff file suit in 2008 for possession & 2009 came to know about sale deed by third party & therefore withdraw chamber summon to add third party as party to the suit without asking for cancellation of sale deed. Chamber summons allowed. This suit was withdrawn with permission to file fresh suit in 2012.
Plaintiff wants to file fresh suit in 2015 for possession & cancellation of same sale deed.
Limitation period is 3 years from 2009 for cancellation of sale deed. Article 59 of limitation Act.
Can Plaintiff claim exclusion of time from 2008 to 2012 during which earlier suit was pending for computation of limitation period for suit filed in 2015 under section 14(3) of limitation Act ?
Thanking you.
Dr J C Vashista
(Expert) 19 January 2015
Yes, the lis period can be excluded, not through the provision of Limitation Act but CPC provides.
krishna
(Querist) 19 January 2015
Thank you very much Dr J C Vashista Sir,
I was doubtful & you have solved my problem.
According to me other option was application for condonation of delay under section 5 of limitation Act.
Please give CPC Provision ?
Thank you
P. Venu
(Expert) 19 January 2015
Delay in filing a suit cannot be condoned; the Court has no such power.
T. Kalaiselvan, Advocate
(Expert) 20 January 2015
Since there was a lis pending on the same issue and subsequently withdrawn with the permission of court for filing fresh suit, the limitation will start from the date of withdrawal being permitted.
krishna
(Querist) 21 January 2015
Thank you T. Kalaiselvan Sir,
