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2016 (1) TMI 1390 - HC - Indian LawsDismissal of appeal on account of limitation - whether the trial court was right in coming to the conclusion that the suit was barred by limitation? - applicability of Section 14 of Limitation Act 1963 - Held that:- The trial court in the impugned judgment, has not discussed this aspect of the matter at all. Therefore, the impugned judgment is flawed, on this count. Applicability of Section 14 of Limitation Act 1963 - Held that:- In a case where sub-section (3) of Section 14 is not applicable, the requirement is that the concerned court should be unable to entertain the civil proceeding on account of "defect of jurisdiction" or "other cause of a like nature". There is a subtle but a clear distinction in the two provisions. Where sub-section (3) of Section 14 is triggered, the court must come to the conclusion that the suit would "fail" on account of defect of jurisdiction or other cause of a like nature. The expression, that the suit must fail by reason of some formal defect, finds a mention in Order 23 Rule 1(3) clause (a) of the CPC, as well. In my opinion, the setting, in which, the expression, defect in jurisdiction of the court or other cause of a like nature, appears in sub-section (3) of Section 14 is, perhaps, not the same as that which pertains to a somewhat similar expression, i.e. defect of jurisdiction or other cause of a like nature, which, stand incorporated in sub-section (1) of Section 14. The expression, "or other cause of a like nature" need not necessarily have the same connotation as that which one may give to the very same expression appearing in sub-section (3) of Section 14. It is not the likeness of the expression but the setting in which the expression is found incorporated, which is of greater relevance. Therefore, if the time spent by the appellant in prosecuting the writ remedy (i.e. between the date of institution of the writ and its withdrawal) is excluded, which must be so, then, the suit could not have been dismissed on the ground of limitation. Appeal allowed.
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