Section 14 provides for the exclusion of the time spent in legal proceedings conducted in good faith in a court that ultimately lacked jurisdiction.
Key Points:
1. Good Faith Proceedings:
- This section applies to proceedings initiated in good faith in a court that is found to lack jurisdiction, whether over the subject matter or the parties involved.
- “Good faith” implies that the proceedings were initiated with honest intent and without negligence.
2. Exclusion of Time:
- The time spent in such bona fide proceedings is excluded when computing the period of limitation for filing a suit, appeal, or application.
- This includes the entire duration from the commencement of the initial proceeding to its termination.
3. Applicable Situations:
- The section applies to suits, appeals, and applications that are dismissed on the grounds of lack of jurisdiction.
- It also applies to cases where the proceedings are withdrawn to file in a proper court with jurisdiction.
4. Subsequent Legal Actions:
- The exclusion of time allows the plaintiff or applicant to initiate subsequent legal action in the correct court without the limitation period being adversely affected by the time spent in the incorrect court.
- This ensures that genuine mistakes regarding jurisdiction do not bar the right to seek legal redress.
5. Purpose:
- The purpose of Section 14 is to prevent injustice to parties who, in good faith, have pursued legal remedies in a forum that lacks jurisdiction.
- It encourages diligent prosecution of claims without penalizing parties for procedural errors regarding jurisdiction.
6. Illustration:
- If A files a suit in Court X on January 1, 2020, and the suit is dismissed on December 31, 2020, for lack of jurisdiction, the time spent in Court X is excluded.
- If the limitation period for the suit is three years, A can file the suit in the correct court, and the time spent from January 1, 2020, to December 31, 2020, will not be counted.