Limitation Act | Time Spent Contesting Bonafide Litigation At Wrong Forum Would Be Excluded While Computing Limitation : Supreme Court
Supreme Court Ruling on Exclusion of Time in Limitation Cases
In a recent judgment, the Supreme Court of India addressed the issue of excluding the time consumed in contesting bona fide litigation at a wrong forum while computing the period of limitation under Section 14(2) of the Limitation Act. The case involved an appellant whose execution application seeking to execute a decree was rejected by the trial court and subsequently by the High Court on the grounds of being time-barred.
The appellant had initially pursued the execution of the decree before a forum that lacked jurisdiction to entertain such applications. Consequently, the trial court dismissed the execution application, citing it as barred by limitation due to the time spent in contesting the matter at the wrong forum. The High Court upheld this decision, leading the appellant to appeal before the Supreme Court.
Upon careful examination, the Supreme Court reversed the findings of the lower courts, emphasizing that Section 14(2) of the Limitation Act provides an exception to exclude the time spent in pursuing proceedings in a court that lacks jurisdiction or for any other similar reason. The Court reiterated that the provision aims to advance the cause of justice and must be interpreted accordingly.
The Court referred to its previous judgment in Consolidated Engg. Enterprises v. Principle Secy, Irrigation Department, outlining the conditions necessary for invoking Section 14. These conditions include prosecuting both prior and subsequent proceedings with due diligence and good faith, failure of the prior proceeding due to a defect of jurisdiction, and both proceedings relating to the same matter in issue.
After applying these conditions to the appellant's case, the Supreme Court held that the time spent by the appellant in contesting the application at the wrong forum should be excluded while computing the period of limitation. Consequently, the execution application was deemed to be within the limitation period, and the appeal was allowed.
This ruling reaffirms the importance of Section 14(2) in ensuring fairness and equity in legal proceedings. It highlights the need for courts to consider the circumstances under which litigants pursue legal remedies and to provide relief when such pursuit is made in good faith but at a wrong forum. Ultimately, the judgment underscores the principle of advancing justice while upholding the rule of law.
Govt pushes ITR deadline to September 15 due to major system overhaul
Bombay HC slams Pune college, state for ‘criminalizing’ student’s Instagram post on Op Sindoor
IIM Ahmedabad launches inflation-adjusted merit scholarship
India to host 15 foreign university campuses to boost global education access
Sky the limit: DGCA moves to open cockpit doors to Arts, Commerce students
Sky the limit: DGCA moves to open cockpit doors to Arts, Commerce students
India approves ₹15,000-crore stealth jet project to join elite league of air superpowers
Brij Bhushan acquitted in minor’s abuse case but wrestler’s battle for justice continues
Free your nation from terror’s grip: PM Modi’s stark message to Pakistan’s youth
The classroom became their coffin: How many more children must die before the world says enough?
Govt pushes ITR deadline to September 15 due to major system overhaul
Bombay HC slams Pune college, state for ‘criminalizing’ student’s Instagram post on Op Sindoor
IIM Ahmedabad launches inflation-adjusted merit scholarship
India to host 15 foreign university campuses to boost global education access
Sky the limit: DGCA moves to open cockpit doors to Arts, Commerce students
Sky the limit: DGCA moves to open cockpit doors to Arts, Commerce students
India approves ₹15,000-crore stealth jet project to join elite league of air superpowers
Brij Bhushan acquitted in minor’s abuse case but wrestler’s battle for justice continues
Free your nation from terror’s grip: PM Modi’s stark message to Pakistan’s youth
The classroom became their coffin: How many more children must die before the world says enough?
Copyright© educationpost.in 2024 All Rights Reserved.
Designed and Developed by @Pyndertech