MHCO Update: Time Spent Before Wrong Forum To Be Included In Computing Limitation Period

In a recent ruling, the Supreme Court of India in the case of Purni Devi and Anr. v. Babu Ram and Anr. determined that under Section 14 of the Limitation Act, 1963 ("Limitation Act"), the time spent by a plaintiff pursuing a case diligently and in good faith against the same party in an incorrect forum should be excluded when calculating the limitation period in a competent court.

Brief Facts

A suit for possession of property was filed by Purni Devi ("Plaintiff") against Babu Ram and another ("Defendants"). The Defendants were in possession of the suit property at the time of filing of the said suit. Thereafter, the said suit was tried accordingly and ultimately decreed in favour of the predecessors in interest of the Plaintiff, directing the Defendants to deliver vacant and peaceful possession of the property to the Plaintiff. The Defendants then filed the first and second appeal against the decree passed by the Ld. Trial Court and the said first and second