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Bala Baksh th. LR’s. vs. Magan Lal th. LR’s. & Ors.

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Limitation Act, 1963–Sec. 14–Exclusion of time–Benefit of–When can be extended–Following conditions must be satisfied-
(i) Both the prior and subsequent proceedings are civil proceedings prosecuted by the same party,
(ii) the prior proceeding had been prosecuted with due diligence and in good faith,
(iii) the failure of prior proceeding was due to defect of jurisdiction or other case of like nature,
(iv) the earlier proceeding and the latter proceeding must relate to the same matter in the issue, and
(v) both the proceedings are in a Court.