Limitation Act 1963 Section 14: Exclusion of time of proceeding bona fide in court without jurisdiction
14. Exclusion of time of proceeding bona fide in court without jurisdiction.—(1) In computing the period of limitation 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 of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue 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.
(2) In computing the period of limitation for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the same party for the same relief shall be excluded, where such proceeding 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.
(3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule 1 of that Order, where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a like nature.
Explanation.—For the purposes of this section,—
(a) in excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted;
(b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding;
(c) misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction.
Explanation Limitation Act 1963 Section 14
Section 14 of the Limitation Act, 1963 saves you from losing time when you file a case in the wrong court by mistake.
Subsection (1) applies to suits: if you’ve been pursuing a civil case diligently and in good faith in a court that turns out to lack jurisdiction (or has a similar issue), that time doesn’t count toward your limitation period—like 3 years for a debt suit.
Subsection (2) extends this to applications, but only if it’s against the same party for the same relief.
Subsection (3) ties into CPC Order XXIII: if a court permits a fresh suit after the first fails due to jurisdiction issues, Section 14(1) still applies.
The Explanation clarifies: (a) count both the start and end days of the failed proceeding, (b) defending an appeal counts as prosecuting, and (c) mistakes like misjoinder are treated like jurisdiction defects. For example, if you spend 6 months in a court with no power to hear your case, that time is excluded, giving you the full limitation period to refile correctly under the Limitation Act, 1963.
Key Points Limitation Act 1963 Section 14
- Excludes time spent in good-faith proceedings in a court without jurisdiction.
- Subsection (1) covers suits; Subsection (2) covers applications (same party, same relief).
- Subsection (3) applies to fresh suits after CPC Order XXIII permission.
- Requires due diligence and good faith; includes start/end days (Explanation).
- Misjoinder counts as a jurisdiction-like defect.
Examples Limitation Act 1963 Section 14
- You file a 3-year debt suit in Court A (January 1, 2022–July 1, 2022), but it lacks jurisdiction. Exclude 6 months—file by July 1, 2025 in the right court.
- A 90-day application is filed in the wrong court (March 1–April 15). Exclude 45 days—file by June 14.
Case Law Limitation Act 1963 Section 14
Consolidated Engineering Enterprises v. Principal Secretary (April 8, 2008): Supreme Court ruled that Section 14 requires genuine good faith, not negligence (SCC Online: AIR 2008 SC 2188).
India Electric Works Ltd. v. James Mantosh (January 20, 1971): Supreme Court held that time spent defending an appeal in a wrong court is excluded under Section 14 (SCC Online: AIR 1971 SC 2313).