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    <title>1958 (10) TMI 39 - Madhya Pradesh High Court</title>
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    <description>Section 14(1) of the Indian Limitation Act permits exclusion of time spent in a prior civil proceeding prosecuted with due diligence and good faith where the court could not entertain it for defect of jurisdiction or a cause of like nature. The text states that an earlier appeal falling within that category, including the period between the impugned order and the filing of the appeal, was excludable in computing limitation. The explanation to Section 14 did not support excluding the pre-filing interval in the manner adopted by the trial court, and the identity of cause of action was accepted. On that basis, the suit was treated as within limitation.</description>
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      <title>1958 (10) TMI 39 - Madhya Pradesh High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=169624</link>
      <description>Section 14(1) of the Indian Limitation Act permits exclusion of time spent in a prior civil proceeding prosecuted with due diligence and good faith where the court could not entertain it for defect of jurisdiction or a cause of like nature. The text states that an earlier appeal falling within that category, including the period between the impugned order and the filing of the appeal, was excludable in computing limitation. The explanation to Section 14 did not support excluding the pre-filing interval in the manner adopted by the trial court, and the identity of cause of action was accepted. On that basis, the suit was treated as within limitation.</description>
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      <pubDate>Wed, 08 Oct 1958 00:00:00 +0530</pubDate>
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