www.Aaptaxlaw.com

 
 
 

What is  Exclusion of time in cases where leave to sue or appeal as a pauper is applied for? What is Exclusion of time of proceeding bona fide in court without jurisdiction? Section 13 and 14 of Limitation Act 1963

 
 

 Exclusion of time in cases where leave to sue or appeal as a pauper is applied for and Exclusion of time of proceeding bona fide in court without jurisdiction are defined under section 13 and 14 of Limitation Act 1963. Provisions under these sections are:

Section 13 of Limitation Act "Exclusion of time in cases where leave to sue or appeal as a pauper is applied for"

In computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded, and the court may, on payment of the court-fees prescribed for such suit or appeal, treat the suit or appeal as having the same force and effect as if the court-fees had been paid in the first instance.

Section 14 of Limitation Act "Exclusion of time of proceeding bona fide in court without jurisdiction"

(1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of the appeal or 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 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 revision, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a count of first instance or of appeal or 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) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule of that Order, where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court of other cause of a like nature.

Explanation - For the purpose of this section, -

a. in excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted;

b. a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding;

c. misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction.

 

Limitation Act 1963

What are the Definitions under Limitation Act 1963? Section 2 of Limitation Act 1963

What is Bar of limitation? Section 3 of Limitation Act 1963

What is Expiry of prescribed period when court is closed? What is Extension of prescribed period in certain cases? Section 4 and 5 of Limitation Act 1963

What is Legal disability? What is Disability of one of several persons? Section 6 and 7 of Limitation Act 1963

What is Special exceptions? What is Continuous running of time? What is Suits against trustees and their representatives? Section 8, 9 and 10 of Limitation Act 1963

What is Suits on contracts entered into outside the territories to which the Act extends? What is Exclusion of time in legal proceedings? Section 11 and 12 of Limitation Act 1963

What is  Exclusion of time in cases where leave to sue or appeal as a pauper is applied for? What is Exclusion of time of proceeding bona fide in court without jurisdiction? Section 13 and 14 of Limitation Act 1963

What is Exclusion of time in certain other cases? What is Effect of death on or before the accrual of the right to sue? Section 15 and 16 of Limitation Act 1963

 

 

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap