The rule in regard to the exclusion of the period of limitation when a plaintiff presents a plaint in a Wrong Court

January 12, 2019 0 Comment

(b) The Privy Council have held that a proceeding before an arbitrator is a civil proceeding, and in computing the period of limitation, an arbitrator should exclude the time spent in prosecuting in good faith the same claim before another arbitrator who was without jurisdiction.

(Ram Datt Ram Kissen v. Sasson and Co., A. I. R. 1629 P. C. 103). Our own High Court has held in Behari v. Punjab Sugar Mills Co. Ltd, 1943 A.L.J. 69 that the proceedings before the arbitrators are proceedings in a court and section 14 applies to a suit filed by a party to the reference to enforce his right under this contract when the arbitration is closed on the withdrawal of one of the arbitrators. But a contrary view has been taken Maharaj Sal v. Kedar Nath, A. I. R. 1933 Nag. 130 in which it was held that in a suit brought in a Civil Court, the time taken in previous arbitration proceedings relating to the subject-matter of the suit cannot be excluded.


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