14.Exclusion of time of proceeding bona fide in court without jurisdiction

(1) In computing the period of limitation for any suit the time^ⓘ during which the plaintiff has been prosecuting with due diligence another civil proceeding^ⓘ, whether in a court^ⓘ of first instance or of appeal or revision, against the defendant shall be excluded, where the proceeding^ⓘ relates to the same matter in issue and is prosecuted in good faith in a court^ⓘ which, from defect of jurisdiction^ⓘ or other cause of a like nature, is unable to entertain it. (2) In computing the period of limitation for any application, the time^ⓘ during which the applicant has been prosecuting with due diligence another civil proceeding^ⓘ, whether in a court^ⓘ of first instance or of appeal or revision, against the same party for the same relief shall be excluded, where such proceeding^ⓘ is prosecuted in good faith in a court^ⓘ which, from defect of jurisdiction^ⓘ or other cause of a like nature, is unable to entertain it. (3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court^ⓘ under rule 1 of that Order, where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction^ⓘ of the court^ⓘ or other cause of a like nature. Explanation.—For the purposes of this section,— (a) in excluding the time^ⓘ during which a former civil proceeding^ⓘ was pending, the day on which that proceeding^ⓘ was instituted and the day on which it ended shall both be counted; (b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding^ⓘ; (c) misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction^ⓘ.