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Report No. 3

13. Exclusion of time of proceeding bona fide in Court without Jurisdiction.-

(1) In computing the period of limitation prescribed for any suit, the time during which the plaintiff has been prosecuting with due diligence another civil proceedings, whether in a Court of first instance or of appeal or of revision, against the defendant, shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a Court which, from defect of jurisdiction, or other cause of a like nature, is unable to entertain it.

(2) In computing the period of limitation prescribed for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a Court of first instance, or of appeal, or of revision, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a Court which, from defect of jurisdiction, or other cause of a like nature, is unable to entertain it.

(3) The Provisions of sub-section (1) shall apply in like manner and subject to the same restrictions to a fresh suit filed in pursuance of an order under the provisions of rule (1)(2) of Order XXIII of the Code of Civil Procedure (V of 1908) notwithstanding anything contained in rule 2 thereof.

Explanation 1.-In excluding the time during which a former suit or application was pending, the day on which that suit or application was instituted or made, and the day on which the proceedings therein ended, shall both be counted.

Explanation 11.-For the purposes of this section, a plaintiff or an applicant resisting an appeal or revision shall be deemed to be prosecuting a proceeding.

Explanation III.-For the purposes of this section misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction.

(Section 13)



Limitation Act, 1908 Back




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