DEENA (DEAD) THROUGH L.RS. versus BHARAT SINGH (DEAD) THROUGH L.RS. AND ORS.

DEENA (DEAD) THROUGH L.RS. versus BHARAT SINGH (DEAD) THROUGH L.RS. AND ORS.

Where a previous suit is prosecuted despite awareness of a defect such as non-joinder of a necessary party, and withdrawal is sought for such defect, the prosecution cannot be deemed in 'good faith' for purposes of Section 14 Limitation Act. Therefore, the period of pendency is not excluded and a subsequent suit is barred by limitation.

Parties
Appellant: Deena (dead) through L.Rs.; Respondent: Bharat Singh (dead) through L.Rs. and others; Respondent: Manoj Swamp
Jurisdiction
India
Judgment Date
29 July 2002
Procedural Posture
Civil Appeal / Appeal Against Judgment of High Court in Regular Second Appeal No. 2040 of 1987
Outcome
Appeal allowed
Legal Topics
Withdrawal of Suit, Limitation Act Section 14, Order XXIII CPC, Good Faith Prosecution
Civil Procedure Limitation Withdrawal of Suit Limitation Act Section 14 Order XXIII CPC Good Faith Prosecution

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Parties

Deena (dead) through L.Rs.

Appellant

Bharat Singh (dead) through L.Rs. and others

Respondent

Manoj Swamp

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment of High Court in Regular Second Appeal No. 2040 of 1987

Legal Issues

  1. 1 Whether plaintiffs are entitled to exclusion of period under Section 14 of Limitation Act for computation of limitation in subsequent suit after withdrawal of earlier suit with court's permission
  2. 2 Whether prior suit was prosecuted in good faith as per Section 14 of Limitation Act

Ratio Decidendi

Where a previous suit is prosecuted despite awareness of a defect such as non-joinder of a necessary party, and withdrawal is sought for such defect, the prosecution cannot be deemed in 'good faith' for purposes of Section 14 Limitation Act. Therefore, the period of pendency is not excluded and a subsequent suit is barred by limitation.

Court Disposition

Appeal allowed

Orders

  • Judgment of High Court in Second Appeal No. 2040 of 1987 set aside
  • Judgment of Additional District Judge-III in CA No. 3713/1986 confirming trial court judgment in Civil Suit No. 115/82 restored