The other requirements of section 14(1) of the Limitation Act, 1963 are met. Which outcome of the…
Section 14(1) requires that the earlier court was unable to entertain the proceeding due to a defect of jurisdiction or another cause of a like nature. It also requires,…
Choose your answer
The other requirements of section 14(1) of the Limitation Act, 1963 are met. Which outcome of the earlier suit still prevents exclusion of time under that subsection?
Answer and explanation
Correct answer A
Section 14(1) requires that the earlier court was unable to entertain the proceeding due to a defect of jurisdiction or another cause of a like nature.
It also requires, among other things, due diligence and good faith. A decision on the merits fails the inability-to-entertain condition.
Option feedback
Option A
A decision on the merits is not an inability to entertain the proceeding because of a jurisdictional or like defect.
Option B
Lack of territorial jurisdiction is a jurisdictional defect and satisfies the stated element.
Option C
Lack of pecuniary jurisdiction is a jurisdictional defect and satisfies the stated element.
Option D
Section 14(1) expressly includes another cause of a like nature.
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CUET PG Law (LL.M.)
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