Supreme Court · 2002 INSC 312 · Decided 29 July 2002
Deena (Dead) Through L.RS. v. Bharat Singh (Dead) Through L.RS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 312 · [2002] SUPP. 1 S.C.R. 289
- Case number
- CIVIL APPEAL No. 2965/1992
- Decided
- 29 July 2002
- Bench
- D.P. MOHAPATRA, K.G. BALAKRISHNAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Limitation Act Section 14
Headnote
B limitation Act, 1963-Section 14 (/) and (3)-Suit~Withdrawal a/­ Order XXIII-Applicability of-Held, Provision under Section/ 4(3) is in the nature of proviso to Order XX/II, Rule 2 and for its application certain C stipulated conditions are required to be satisfied-Civil Procedure Code, I of Court-Limitation­ Exclusion of time of earlier proceeding-Held, party prosecuting the earlier suit in good faith in Court having no jurisdiction is entitled to exclusion of D that period. Suit-Non impleadment of necessary party-Subsequent withdrawal of the suit-Whether such
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