Code of Civil Procedure, 1908–Order 14, Rule 1–Limitation Act, 1963–Sec. 14–Exclusion of time–Propriety of–Suit for declaration and injunction with regard to the will–Respondent failed to point out that the relief claimed before the revenue Court was the same as claimed in the suit–Section 14 of
Limitation Act will be applicable only when the plaintiff was prosecuting other proceedings against the defendant relating to the same matter in issue before other Court–Sec. 14 is not applicable in the instant case–Held, impugned order is suffering from illegality and infirmity and deserves to be set aside.
