Sections 13 and 14 of Limitation Act 1963: Exclusion of Time in Legal Proceedings

Sections 13 and 14 form part of Part III of the Limitation Act, 1963, which deals with computation of periods of limitation. They identify circumstances in which specified periods spent in earlier proceedings may be excluded while computing limitation.

Section 13 - Exclusion of time where leave to sue or appeal as a pauper is applied for

Section 13 applies where a person has applied for leave to sue or appeal as a pauper and that application has been rejected. In computing the limitation period prescribed for the suit or appeal, the time spent prosecuting that application in good faith is excluded.

Requirements and effect of Section 13

• There must be an application for leave to sue or appeal as a pauper.
• The application must have been rejected.
• The applicant must have prosecuted the application in good faith.
• The qualifying period is excluded when computing limitation for the suit or appeal.
• The court may, after payment of the prescribed court fees, treat the suit or appeal as effective as if the fees had originally been paid.

Section 14 - Exclusion of time of proceeding bona fide in court without jurisdiction

Section 14 protects a litigant who has been pursuing another civil proceeding with due diligence and in good faith but the court is unable to entertain that proceeding because of a defect of jurisdiction or another cause of a like nature. Subject to the statutory conditions, the period spent in that proceeding is excluded when limitation is computed.

Section 14(1): Suits

For a 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 appeal or revision, against the defendant is excluded where the earlier proceeding concerns the same matter in issue, was prosecuted in good faith, and the court was unable to entertain it because of a defect of jurisdiction or another cause of a like nature.

Section 14(2): Applications

For an application, the time spent prosecuting with due diligence another civil proceeding, whether before a court of first instance or of appeal or revision, against the same party for the same relief is excluded where the earlier proceeding was prosecuted in good faith before a court unable to entertain it because of a defect of jurisdiction or another cause of a like nature.

Section 14(3): Fresh suit under Order XXIII of the CPC

Notwithstanding Rule 2 of Order XXIII of the Code of Civil Procedure, 1908, Section 14(1) also applies to a fresh suit instituted with permission granted by the court under Rule 1 of that Order where permission was granted because the first suit must fail by reason of a defect in the jurisdiction of the court or another cause of a like nature.

Explanation to Section 14

• When excluding the period during which the former civil proceeding was pending, both the day on which that proceeding was instituted and the day on which it ended are counted.
• A plaintiff or an applicant resisting an appeal is deemed to be prosecuting a proceeding.
• Misjoinder of parties or causes of action is deemed to be a cause of a like nature with defect of jurisdiction.

Meaning of important expressions

Due diligence: Section 14 requires active and reasonably careful prosecution of the earlier civil proceeding. The exclusion is linked to the litigant having pursued that proceeding with due diligence.

Good faith: Section 2(h) of the Limitation Act provides that nothing is deemed to be done in good faith if it is not done with due care and attention. This statutory definition is relevant when Section 13 or Section 14 requires good faith.

Defect of jurisdiction or other cause of a like nature: Section 14 addresses an earlier court's inability to entertain the proceeding for jurisdictional defect or a comparable cause. The statutory Explanation expressly treats misjoinder of parties or causes of action as a cause of a like nature.

Practical distinction between Sections 13 and 14

Section 13 is specifically concerned with time spent in a rejected application for leave to sue or appeal as a pauper. Section 14 is broader in a different direction: it concerns time spent diligently and in good faith pursuing another civil proceeding before a court that cannot entertain it for want of jurisdiction or a similar cause.

Important: Exclusion of time under these provisions depends on satisfaction of their statutory conditions and the facts of the particular proceeding. The Limitation Act should be read together with the applicable limitation article and relevant procedural law.

Official text of the Limitation Act 1963

For the authoritative statutory text and current legislative material, refer to the Limitation Act, 1963 on India Code.