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september 1970

Supreme Court of India · 1970-09-15

INDIA ELECTRIC WORKS LTD. vs JAMES MANTOSH & ANR.

Citation / case number
SC 1966/60496
Court
Supreme Court of India
Petitioner
INDIA ELECTRIC WORKS LTD.
Respondent
JAMES MANTOSH & ANR.
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court held that under Section 14 of the Indian Limitation Act, 1908, a plaintiff can deduct the time during which a prior suit was pending when filing a subsequent suit for the same cause of action. The Court found that the earlier suit had been prosecuted in good faith and with due diligence, and thus the claim for future mesne profits was valid. The Court clarified that the phrase 'other cause of a like nature' in Section 14(1) should be interpreted liberally, allowing for the deduction of time spent in litigation if the previous court was unable to entertain the claim due to jurisdictional defects.

INDIA ELECTRIC WORKS LTD. vs JAMES MANTOSH & ANR. · Niyam