Pages

Feb 22, 2012

For section 14 of limitation act- four conditions:(1)The plaintiff who filed the suit had been prosecuting another civil proceeding with due diligence.
(2) The earlier proceeding resorted by the plaintiff was based on the same cause of action.
(3) The former proceeding was prosecuted by the plaintiff in good faith in a Court.
(4) The Court, due to the defect of jurisdiction or other cause of a like nature, was unable to entertain such proceeding.

What is disputed is that the Court where the proceeding was taken was not one which was unable to entertain it (i) from the defect of jurisdiction or (ii) other cause of a like nature and, secondly, the earlier proceeding was not prosecuted in good faith.

In this case after dismissal of objection under order 21 rule 97, party file a revision instead of suit as per rule 103-

No comments:

Post a Comment