(3)Notwithstanding anything contained in rule 2 of Order XXXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule 1 of that Order where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a like nature.Explanation.—For the purposes of this section,—(a)in excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted;(b)a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding;(c)misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction.
