Multiple choice

Which of the following amount(s) to presenting civil proceedings with ‘due diligence and in good faith’ within the meaning of Section 14 of the Limitation Act?

  1. Failure to pay the requisite court fee found deficient

  2. Error of judgement in valuing a suit

  3. Both (1) and (2)

  4. Neither (1) nor (2)

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Article 14 (1) of the Limitation Act states that 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 the 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.