14. 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 proceeding, whether in a Court of first instance
or in a Court of appeal, against the defendant, shall be excluded, where the proceeding is founded
upon the same cause of action 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 in a Court of appeal, 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.
Explanation I.___ 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 Il.___ For the purposes of this section, a plaintiff or an applicant resisting an
appeal shall be deemed to be prosecuting a proceeding.
Explanation III.—For the purposes of this section misjoinder of parties or of cause of
action shall be deemed to be a cause of a like nature with defect of jurisdiction.
#limitationact
#exclusionoftime
#urdu
#hindi
