Time Spent Contesting Bonafide Litigation At Wrong Forum Would Be Excluded While Computing Limitatio

The decision of the trial court was affirmed by the High Court, following which the civil appeal was preferred before the Supreme Court.

Before the Supreme Court, it was contended by the appellant that the provision of Section 14(2) of the Limitation Act being in pari materia with Section 182 of the J&K Limitation Act, therefore, he is entitled to exclusion of time consumed in pursuing their remedy before the learned Tehsildar, in view of Section 14(2) of the Limitation Act as the provisions of Section 14 of the Limitation Act are to advance the cause of justice and must be interpreted to do so rather than abort proceedings.

Supreme Court's Observation

Accepting the contention made by the appellant, the Supreme Court observed that the appellant would be entitled to take the benefit of Section 14(2) of the Limitation Act, as also applicable to the State J&K, therefore the time consumed by the appellant in pursuing the litigation in good faith at the tehsildar court would be excluded while computing the period of limitation for filing up of the execution application of a decree.

The court referred to its three-judge bench Judgment of Consolidated Engg. Enterprises v. Principle Secy, Irrigation Department, where the court had laid down the following conditions that must be satisfied before Section 14 can be pressed into service:

“(1) Both the prior and subsequent proceedings are civil proceedings prosecuted by the same party;

(2) The prior proceeding had been prosecuted with due diligence and in good faith;

(3) The failure of the prior proceeding was due to defect of jurisdiction or other cause of like nature;

(4) The earlier proceeding and the latter proceeding must relate to the same matter in issue; and,

(5) Both the proceedings are in a court.”