bona fide mistake institutes a proceeding in a wrong forum which owing to
lack of jurisdiction is unable to entertain the case on merits ... bona fide mistake had instituted the proceeding in a
wrong forum, provided he shows that the proceeding in the wrong forum
was filed and prosecuted
case that the petitioner was pursuing a remedy before a wrong forum,
which did not have jurisdiction to entertain the proceeding ... case. Moreover, the petitioner was not pursuing a remedy before a wrong
forum. The writ court petition was not dismissed on account of want
further held that the
period of pendency of proceedings before the wrong
forum could not be excluded while computing the period
of limitation by applying ... principle underlying Section 14(2) , the period of
pendency before the wrong forum may be considered as
a "sufficient cause" for condoning
example, if a party were to file a suit in a
wrong forum, to enforce payment of money secured by a
mortgage or charge upon ... cite another example, if civil proceedings were
initiated in a wrong forum in good faith and prosecuted
with due diligence, but after the proceedings ended
would be applicable as the
petitioner was before the wrong forum. The writ court had granted liberty to the
petitioner to invoke the arbitration clause ... conception of law
or erroneous understanding of law proceeds before a wrong forum. The order of
the learned Judge does not indicate that the petitioner
case that the petitioner was pursuing her remedy before a wrong forum. It
was not a case that the suit was allowed to be withdrawn ... acquainted with
law and may have filed the proceeding in a wrong forum. She should not be
non-suited. Not allowing her to pursue
ignore the same and persisted with the action before
the wrong forum, the plaintiff cannot subsequently be heard to say that
the time it spent ... acts of a plaintiff
in carrying a claim to a palpably wrong forum would, according to the
defendants, disentitle the plaintiff from subsequently claiming
been held that even a right decision by a wrong forum would be a nullity in the following terms :--
"What can be done only ... subject-matter. Even a right decision by a "wrong forum' is no decision. It is non-existent
Dukhi Shyam Benupani, Assistant ... vs Parasmal Rampuria on 13 May, 1998
Equivalent citations: 1998(2
Kokarmal Gurudayal vs Sagarmal Bengani on 23 February, 1972
Equivalent citations: AIR1972CAL430, 1973CRILJ162, 76CWN486, AIR
