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Section 13 and Section 14 of the Limitation Act


Section 13: Exclusion of Time in Cases Where Leave to Sue or Appeal as a Pauper is Applied For

13.1. Scope of Section 13

  • Applies when a person applies to sue or appeal as a pauper (i.e., without paying court fees due to financial inability).

  • If the application for leave to sue or appeal is made in good faith but rejected, the law provides relief in calculating limitation.

13.2. Exclusion of Time

  • The time spent prosecuting the application for leave to sue/appeal as a pauper is excluded from the period of limitation.

  • This means the clock for filing the suit or appeal does not start ticking while the person is legitimately waiting for the court’s decision on their pauper application.

13.3. Effect of Payment of Court Fees

  • If the court eventually allows the suit or appeal:

    • The applicant can pay the court fees at that time, and

    • The suit or appeal will be treated as valid from the first day, as if the fees had been paid initially.

13.4. Key Points to Remember

  1. Good faith is necessary – the applicant must genuinely believe they qualify as a pauper.

  2. Time is excluded – from the date of filing the pauper application until its rejection.

  3. Payment of fees later does not invalidate the suit or appeal.

13.5. Example

  • A person files a suit on 1st May but applies to sue as a pauper.

  • Court rejects the application on 15th May.

  • If the limitation period was 30 days:

    • The time between 1st May and 15th May is excluded.

    • The applicant now has the remaining days after paying court fees to file the suit.

Section 14: Exclusion of Time for Proceedings Bona Fide in a Court Without Jurisdiction

14.1. Scope of Section 14

  • Applies when a party has initiated a civil proceeding in good faith in a court lacking jurisdiction.

  • Jurisdiction defects may include:

    • Wrong territorial court

    • Wrong forum (court of original vs. appellate)

    • Misjoinder of parties or causes of action

14.2. Exclusion of Time for Suits

  • Sub-section (1):

    • If a plaintiff prosecutes a civil suit diligently in a court that cannot hear it due to jurisdictional defects,

    • The time spent in that court is excluded from limitation for filing a fresh suit in the proper court.

  • Applies even if the previous court could not entertain the suit at all.

14.3. Exclusion of Time for Applications

  • Sub-section (2):

    • Similarly, for applications (e.g., for injunctions or reliefs),

    • Time spent prosecuting another proceeding in good faith in a court without jurisdiction is excluded.

14.4. Fresh Suit under Order XXIII

  • Sub-section (3):

    • When a fresh suit is filed after the court grants permission under Order XXIII, Rule 1 of CPC,

    • If the first suit failed due to jurisdictional defects, the time spent in the original suit is excluded.

14.5. Explanation and Clarifications

  1. Day Counting:

    • The day the previous proceeding was instituted and the day it ended are both counted.

  2. Who is considered prosecuting?

    • Plaintiffs and applicants resisting an appeal are deemed to be actively prosecuting the proceeding.

  3. Misjoinder:

    • Misjoinder of parties or causes of action is considered similar to a defect of jurisdiction, so the exclusion applies.

14.6. Key Points to Remember

  1. Good faith is essential – the previous proceeding must be bona fide.

  2. Diligence required – the party must prosecute without unnecessary delay.

  3. Defect of jurisdiction or similar issues – are the valid reasons for exclusion.

  4. Time exclusion – helps ensure that parties are not penalized for errors in choosing the proper court.

14.7. Example

  • A plaintiff files a suit in Court A on 1st June, but Court A lacks territorial jurisdiction.

  • The suit continues until 15th June when Court A dismisses it.

  • The plaintiff then files a fresh suit in the correct Court B on 20th June.

  • The time between 1st June and 15th June is excluded from the limitation period for filing in Court B.


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