Purni Devi vs Babu Ram 2024 INSC 259 :: [2024] 4 S.C.R 37 – S 14 Limitation Act

Limitation Act, 1963; Section 14 – The following conditions 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 – Consolidated Engg. Enterprises v. Principal Secy, Irrigation Department (2008) 7 SCC 169- Phrases “due diligence” and “in good faith”: These phrases only mean that the party who invokes Section 14 should not be guilty of negligence, lapse or inaction. Further, there should be no pretended mistake intentionally made with a view to delaying the proceedings or harassing the opposite party – the expression “the time during which the plaintiff has been prosecuting with due diligence another civil proceeding” needs to be construed in a manner which advances the object sought to be achieved, thereby advancing the cause of justice – Referred to M.P. Steel Corporation v. CCE (2015) 7 SCC 58 (Para 25-34)

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