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december 2008

Supreme Court of India · 2008-12-16

M/S Shakti Tubes Ltd.Tr.Director vs State Of Bihar & Ors

Citation / case number
AIR 2009 SUPREME COURT 1200
Court
Supreme Court of India
Petitioner
M/S Shakti Tubes Ltd.Tr.Director
Respondent
State Of Bihar & Ors
Author
S.B. Sinha
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed whether the period spent in pursuing a writ petition should be excluded from the limitation period for filing a suit under Section 14 of the Limitation Act, 1963. The Court held that the time spent in litigation should be excluded if the writ petition was filed in good faith and the petitioner was pursuing a remedy that was not available in the original jurisdiction. The appeal was allowed, and the High Court's decision was set aside, allowing the appellant to file the suit within the extended limitation period.

M/S Shakti Tubes Ltd.Tr.Director vs State Of Bihar & Ors · Niyam