A plaintiff diligently and in good faith pursued an earlier civil proceeding against the same defendant…
Section 14 requires due diligence, good faith, the required identity of proceeding and a court unable to entertain it because of jurisdictional or like defect. Under…
Choose your answer
A plaintiff diligently and in good faith pursued an earlier civil proceeding against the same defendant about the same matter. Which reason for ending that proceeding can support exclusion of its duration under section 14 of the Limitation Act, 1963?
Answer and explanation
Correct answer A
Section 14 requires due diligence, good faith, the required identity of proceeding and a court unable to entertain it because of jurisdictional or like defect. Under subsection (3), permission to bring a fresh suit must be based on such a defect; withdrawal for any technical or formal defect does not automatically suffice. See section 14(1), (3) and the Explanation to section 14 of the Limitation Act, 1963.
Option feedback
Option A
This states the diligence, good-faith and jurisdictional-or-like-defect conditions.
Option B
Delay in a written statement is not the situation for excluding an earlier proceeding under section 14.
Option C
A decision on merits is not an inability to entertain the matter for a jurisdictional or like defect.
Option D
Dismissal for non-appearance alone does not establish the required jurisdictional or like defect.
Practice for these exams
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Delhi Judicial Services
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CUET PG Law (LL.M.)
Subject revision