S. 14(2) of the Limitation Act: Time spent bonafidely and diligently and in good faith before the wrong forum is bound to be excluded when computing limitation before the Court having competent jurisdiction

Section 14(2) of the Limitation Act carves out an exception excluding the period of limitation when the proceedings are being pursued with due diligence and good faith in a Court “which from defect of jurisdiction or other cause of a like nature, is unable to entertain it” 31. In Consolidated Engg. Enterprises v. Principle Secy, Irrigation Department (2008) 7 SCC 169 it was held that the Section must be interpreted and applied in a manner that furthers the cause of justice, rather than aborts the proceedings at hand and the time taken diligently pursuing a remedy, in a wrong Court, should be exclude. On facts, the Plaintiff has pursued the matter bonafidely and diligently and in good faith before what it believed to be the appropriate forum and, therefore, such time period is bound to be excluded when computing limitation before the Court having competent jurisdiction. All conditions stipulated for invocation of Section 14 of the Limitation Act are fulfilled.