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july 1984

Supreme Court of India · 1984-07-31

ZAFAR KHAN AND ORS. vs BOARD OF REVENUE, U.P. & ORS.

Citation / case number
SC 1970/60355
Court
Supreme Court of India
Petitioner
ZAFAR KHAN AND ORS.
Respondent
BOARD OF REVENUE, U.P. & ORS.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that for a party to benefit from Section 14(1) of the Limitation Act, 1963, three conditions must be satisfied: (1) the plaintiff must have prosecuted another civil proceeding with due diligence, (2) both proceedings must relate to the same matter in issue, and (3) the former proceeding must have been in good faith in a court unable to entertain it due to a defect of jurisdiction or a similar cause. The Court clarified that 'other cause of a like nature' must be interpreted ejusdem generis with 'defect of jurisdiction', meaning it should relate to a defect that renders the court incompetent to entertain the proceeding. The appeal was dismissed as the appellants did not meet the criteria for relief under Section 14(1).

ZAFAR KHAN AND ORS. vs BOARD OF REVENUE, U.P. & ORS. · Niyam