Limitation act

Querist : Anonymous (Querist) 28 September 2011 This query is : Resolved
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 the 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 count 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.

(3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule of that Order, where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court of other cause of a like nature.

Explanation - For the purpose of this section, -

(a) In excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted;

(b) Plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding;

(c) Misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction.
i want to know explanation (b) what does it means?

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ajay sethi (Expert) 28 September 2011
the words in section 14(b) mean that if plaintiff is opposing an appeal filed by defendant then in such a case he shall be deemed to be prosecuting appeal .

in other words if defendant has filed an appeal and he is contesting that case time sepnt in defending case is to be excluded

Raj Kumar Makkad (Expert) 28 September 2011
I do agree with ajay.

Querist : Anonymous (Querist) 29 September 2011
is there any diffrence if plaintiff files suit agaist same defendent or new party.in which case time will be excluded.

R.Ramachandran (Expert) 29 September 2011
Dear Anonymous,
You think you are smart. Before that try to have some heart.
The provision is in regard to "Exclusion of time of proceeding bona fide in court without jurisdiction".
If there is a proceeding already, the party cannot be new. If the party is new then there could not have been proceeding earlier.
Instead of getting into all these trial and error, or fishing expedition, why don't you come up with your facts and pose the query?

prabhakar singh (Expert) 29 September 2011
Mr. Ramachandran has already put the facts in your ears that i could have also placed in a similar way.
It is a cruelty with us to deal thing as you are proposing to deal.