https://www.taxtmi.com/caselaws?id=170002 Section 14 of the Limitation Act, 1963 applies only when the earlier civil proceeding was prosecuted with due diligence and in good faith and failed because of defect of jurisdiction or a cause of like nature. Good faith requires due care and attention, and this relief is distinct from withdrawal of a suit with liberty to file afresh under Order XXIII Rule 1(3) CPC; the bar under Order XXIII Rule 2 CPC remains unless Section 14 is satisfied. Where the earlier suit proceeded despite an objection on non-joinder of a necessary party, concurrent findings of absence of good faith could not be lightly disturbed in second appeal under Section 100 CPC. The plaintiffs were therefore not entitled to exclusion of time, and the fresh suit was barred by limitation. en-us Mon, 29 Jul 2002 00:00:00 +0530 Thu, 14 May 2015 12:26:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=170002 Section 14 of the Limitation Act, 1963 applies only when the earlier civil proceeding was prosecuted with due diligence and in good faith and failed because of defect of jurisdiction or a cause of like nature. Good faith requires due care and attention, and this relief is distinct from withdrawal of a suit with liberty to file afresh under Order XXIII Rule 1(3) CPC; the bar under Order XXIII Rule 2 CPC remains unless Section 14 is satisfied. Where the earlier suit proceeded despite an objection on non-joinder of a necessary party, concurrent findings of absence of good faith could not be lightly disturbed in second appeal under Section 100 CPC. The plaintiffs were therefore not entitled to exclusion of time, and the fresh suit was barred by limitation. Case-Laws Indian Laws Mon, 29 Jul 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=170002