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2017 Supreme(Ker) 726

P.SOMARAJAN
Ramachandran – Appellant
Versus
Sundaram Finance Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. Sajan Vargheese and M.P. Liju
For the Respondents: George Sebastian, P.M. Joshi and Baby Mathew

ORDER :

P. Somarajan, J.

1. This Revision Petition is against the order dated 24.10.2014 in E.P. No. 162/2010 in Arbitration Case No. 2/1998 on the file of the Court of the Additional District Judge-V, Palakkad, by the fifth respondent/judgment debtor No. 5. Earlier, in order to execute the award dated 17.09.1998, E.P. No. 208/1998 was filed before the Subordinate Judge's Court, Palakkad. Subsequently it was dismissed as not pressed on 11.11.2010. Thereafter E.P. No. 162/2010 was filed on 22.11.2010. Thereon the fifth respondent and other judgment debtors entered appearance and raised bar of limitation as one of their contentions. It was heard by the execution court/the Additional District Court-V, Palakkad and found that the decree holder is entitled to the benefit under S. 14 of the Limitation Act and that the E.P. is within time. The said order is under challenge in the present revision. Section 14 of the Limitation Act gives benefit to a party who has been prosecuting another civil proceeding with due diligence and in good faith, but in a wrong forum. S. 14 is really a beneficial provision and a special advantage given so as to advance justice when a person is prosecuting a civil





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