Section 14 of the Limitation Act, 1963 can be invoked for exclusion of time:

Section 14 can exclude time spent diligently and in good faith pursuing a proceeding that fails for want of jurisdiction or a cause of like nature. Subsection (3) extends this protection to a fresh suit after withdrawal with permission under Order XXIII rule 1 for that reason. The reference to a technical or formal defect must therefore be read within those limits; a merits dismissal or ordinary default does not by itself qualify.