matter.
The contention that the allottees had been litigating
before a wrong forum in good faith cannot be countenanced. The
Kumar Sudhir
delay, it was stated that the petitioners had adopted a wrong Forum while
challenging the notices before the civil court, which was having no
jurisdiction
5918 of 2003
as per advice of the counsel in the wrong forum. Learned counsel for the
petitioner contended that the provisions of the Limitation ... Civil) 80
to contend that time taken diligently pursuing the remedy in wrong Court
will be excluded and even otherwise the period of limitation
petition was presented. Since the petitioner has
pursued remedy bonafide in wrong forum he may claim protection of
Section 14 of the Limitation
obvious that the complaint itself was made in a
wrong forum (Police), which has been held to be debarred from taking
cognizance of an offence
Roadways. However, since the petitioner was pursuing a remedy in a wrong
forum an allowance deserves to given to him by affording
wrong order (even on the basis
of assumptions).
This Court is of the view that the petitioners have chosen a
wrong forum to move application
they were bona fidely pursuing their remedy before a
wrong forum, however, cannot be entertained in view of various decisions
document
High Court Chandigarh
C. R. No. 4489 of 2013 4
wrong Forum, on wrong advice of the counsel.
For the reasons aforesaid, I find
condoned, since the petitioner bonafidely continued to be litigating in
a wrong forum.
Kumar Parveen
2013.11.26 14:22
I attest to the accuracy and
integrity ... month from today, the period spent in pursuing litigation in wrong
forum shall be excluded for the purpose of reckoning limitation period in
accordance with
