https://www.taxtmi.com/caselaws?id=456710 Section 14 of the Limitation Act, 1908 was held inapplicable because the earlier proceeding had been pursued on the same due diligence and good faith basis only where the prior matter failed for defect of jurisdiction or a like cause; here, the earlier suit was decided on merits and the appeal merely reversed the mortgage decree, so there was no inability to entertain the proceeding. The present claim also related to a different period of arrears, not the same cause of action. Time spent in the earlier suit and appeal could not therefore be excluded, and the claim for arrears from March 1951 to March 1957 was barred by limitation, while relief remained only for the undisputed later arrears. en-us Fri, 19 Aug 1977 00:00:00 +0530 Fri, 09 Aug 2024 14:56:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=456710 Section 14 of the Limitation Act, 1908 was held inapplicable because the earlier proceeding had been pursued on the same due diligence and good faith basis only where the prior matter failed for defect of jurisdiction or a like cause; here, the earlier suit was decided on merits and the appeal merely reversed the mortgage decree, so there was no inability to entertain the proceeding. The present claim also related to a different period of arrears, not the same cause of action. Time spent in the earlier suit and appeal could not therefore be excluded, and the claim for arrears from March 1951 to March 1957 was barred by limitation, while relief remained only for the undisputed later arrears. Case-Laws Indian Laws Fri, 19 Aug 1977 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=456710