Sec 14 of limitation act

Yogendra (Querist) 12 July 2012 This query is : Resolved
A person instead of filing a civil suit filed a writ petition and after getting the dismissal of that writ petition he files in division bench in which also he got dismissal result.
then again he files a special leave petition and in that also it was dismissed.

Now the problem is whether the time from filing the writ petition till the special leave petition would be excluded or not as per the Section 14 of the Indian limitation act.

Kindly post...

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ashutosh mishra (Expert) 12 July 2012
It can be excluded proving :
1.that the plaintiff has been prosecuting with due diligence another civil proceeding;

2.that the proceeding related to the same matter in issue and was prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it.

An act done with due care and attention satisfies the test of "good faith". "Due care" means that sufficient care was taken so far as circumstances demanded and there was absence of negligence. In other words, plaintiff has taken sufficient care which a reasonable man is expected to take in order to avoid any injury. Where a plaintiff is illiterate and is not acquainted with the
procedural law, the only thing that he can do is to consult some lawyer for advice.

So if the proceedings gone through were with due diligence and in good faith,benefit would be available.

Yogendra (Querist) 12 July 2012
can you please provide the reference if any present...

thnxxxxx

ashutosh mishra (Expert) 12 July 2012
http://www.indiankanoon.org/doc/176105/

http://jajharkhand.in/judg/sc/pdf/CIVIL%20LAW/CIVIL%20PROCEDURE%20CODE/Order%2021%20Rule%2097/Ghasi%20Ram%20and%20Ors%20Vs%20Chait%20Ram%20Saini%20and%20Ors%20-%20AIR%201998%20SC%202476.pdf

ashutosh mishra (Expert) 12 July 2012
= AIR1998SC2476,IN THE SUPREME COURT OF INDIA
C.A. No. 4935 of 1985
Decided On: 22.07.1998
Appellants: Ghasi Ram and Others
Vs.
Respondent: Chait Ram Saini and Others
Hon'ble Judges: S.P. Bharucha and v.N. Khare, JJ.
Subject: Limitation

And also
by

Bombay High Court
Rajkumar Shivhare vs Union Of India on 6 July, 2011
Bench: Dr. D.Y. Chandrachud, Anoop V.Mohta

Rajkumar Shivhare vs Union Of India on 6 July, 2011
www.indiankanoon.org/doc/176105/