Exclusion of time of proceeding bona fide in court without jurisdiction while computing the period of…
Section 14 of the Limitation Act, 1963 excludes time spent diligently and in good faith pursuing another civil proceeding in a court unable to entertain it because of a…
Choose your answer
Exclusion of time of proceeding bona fide in court without jurisdiction while computing the period of limitation under the Limitation Act, 1963 is provided under
Answer and explanation
Correct answer C
Section 14 of the Limitation Act, 1963 excludes time spent diligently and in good faith pursuing another civil proceeding in a court unable to entertain it because of a jurisdictional defect or a similar cause. For a suit, section 14(1) requires the earlier proceeding to concern the same matter in issue and be against the defendant. For an application, section 14(2) requires the earlier proceeding to have been against the same party and for the same relief. Sections 12, 13 and 15 address other exclusions, including obtaining copies in specified proceedings, a rejected application for leave to sue or appeal as an indigent person, and a stay or required notice.
Option feedback
Option A
Incorrect. Section 12 of the Limitation Act, 1963 deals with exclusion of time in legal proceedings (such as the day from which the period is to be reckoned and the time requisite for obtaining a copy of the decree, sentence, or order).
Option B
Incorrect. Section 13 of the Limitation Act, 1963 deals with exclusion of time in cases where leave to sue or appeal as a pauper (indigent person) is applied for and rejected.
Option C
Correct. Section 14 of the Limitation Act, 1963 specifically provides for the exclusion of time of proceeding bona fide in a court without jurisdiction while computing the period of limitation for any suit or application.
Option D
Section 15 covers exclusions in other circumstances, including a stay, a required statutory notice, and certain proceedings by an appointed receiver or liquidator.
Practice for these exams
-
CUET PG Law (LL.M.)
Subject revision