JUDGMENT :

Sanjay Karol, C.J.

1. The following issues arise for consideration in the present petition:

(a) Whether delay, in instituting a suit for recovery of money, before a Civil Court can be condoned by virtue of Section 5 of the Limitation Act, 1963 (referred to as the Act) or not?

(b) Whether time spent by the plaintiffs in pursuing the matter before the consumer forum, in relation to the same matter in issue, can be excluded by virtue of Section 14 of the Act. As a corollary thereof, whether trial Court was right in rejecting the plaintiffs' request, seeking exclusion of time for the proceedings bona fidely instituted before a forum not having jurisdiction, particularly when such liberty stood granted?

2. Certain facts are not in dispute. Plaintiff-petitioners own and possess rubber plantation within the State of Tripura. Allegedly on 28th August, 2008, defendant-State Rubber Board deducted certain premiums towards the insurance policy, but did not remit the amount to the insurer. Unfortunately, on 22nd February, 2009, the said rubber plantation got gutted in fire. Vide notice dated 22nd March, 2010 and 4th May, 2010 plaintiffs set up their claim for compensation from the insur