Section 14 of the Limitation Act, 1963 ensures that a fresh suit due to jurisdictional defect:

Section 14(3) applies the exclusion in s.14(1) to a fresh suit filed with leave under Order XXIII rule 1 where the first suit must fail for defect of jurisdiction, "notwithstanding anything contained in rule 2 of Order XXIII". The fresh suit is not barred by rule 2, but it gets only the excluded time, not a new period from the withdrawal.