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Section 14

Exclusion of time of proceeding in good faith in court without jurisdiction

of Limitation Ordinance, 1958

State OrdinanceIn forceProvision 14 of 26
Section 14

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 an appellate court, 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.

Explanation 1.⎯In excluding the time during which a former suit was pending, the day on which that suit was instituted and the day on which the proceedings therein ended shall both be counted.

Explanation 2.⎯A plaintiff resisting an appeal presented on the ground of want of jurisdiction shall be deemed to be prosecuting a suit within the meaning of this section.