Law: Limitation Act, 1908

Section: S. 14

  Arbitration ---- Second reference to arbitration- Not a continuation of first arbitration-Limitation Act (IX of 1908), S. 14.   Ramdutt Ramklssan Dass v. E. D. Sassoon & Co. A I R 1929 PC 103 rel.   Limitation Act (IX of 1908), S. 14 --- Conditions necessary for attracting provisions of section-"Or other cause of a like nature"-Meaning-Persons acting under bona fide mistake of law, procedure or fact-Case falls within ambit of section.   Section 14 of the Limitation Act, 1908 comes into play if the following conditions are fulfilled   that the plaintiff has been prosecuting another civil proceeding against the defendant ;   that he has been prosecuting it with due diligence ;   that this proceeding is founded upon the same cause of action ;   that It is prosecuted in good faith ; and   that it does not bear fruit because the Court is unable to entertain it due to defect ofjurisdiction or other cause of a like nature.   The phrase "or other cause of like nature" occurring in section 14 of the Act is not capable of being defied with any precision or exactitude but any cause, unconnected with want of diligence or good faith on the part of the plaintiff, which precludes the Court from hearing the former suit or proceeding of the plaintiffs on merits, is a cause which comes within the purview of section 14 of the Act. It would generally be a cause arising out of a bona fide mistake of law, procedure or fact which precludes the Court from considering on merits the issue involved in the case. Where, therefore, all that could be urged against the plaintiffs was that they were acting under a bona fide mistake of law or procedure, it was held that the case was not one of a want of diligence or good faith and the case, therefore, fell within the ambit of section 14 of the Act. JUDGMEMT   ANWARUL HAQ, J.-This appeal under clause 10 of the Letters Patent is directed against an order passed on the 28th of January 1959, by our learned brother Qadeeruddin Ahmed, J., setting aside the award made by Mr. H. H. Pirbhal on 16-7-57, in a dispute between the parties, arising out of a contract for the sale…