In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of…
Permission to withdraw and bring a fresh suit does not itself establish section 14 good faith or due diligence. The plaintiff continued despite the early objection…
Choose your answer
In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection, the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is:
Answer and explanation
Correct answer B
Permission to withdraw and bring a fresh suit does not itself establish section 14 good faith or due diligence. The plaintiff continued despite the early objection identifying the necessary-party defect, so the stated facts do not support the required bona fide prosecution. Section 14(3) does not dispense with good faith, and ordinary limitation continues to apply under Order XXIII rule 2.
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Delhi Judicial Services
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CUET PG Law (LL.M.)
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