Telangana High Court
Dr K.V.Surya Prakasa Rao vs The State Of Telangana on 6 August, 2021
Bench: B.Vijaysen Reddy
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
CIVIL REVISION PETITION No.793 of 2019
ORDER:
This revision is filed challenging the order dated 12.02.2019 in
I.A.(CFR).No.5370 of 2018 in OS(SR).No.108 of 2019 passed by the
Principal District Judge, Karimnagar.
2. The petitioner/plaintiff instituted a suit in OS(SR).No.108 of
2019 for damages of Rs.1,00,00,000/- along with 18% p.a. for the
malicious prosecution against the respondents. In the cause of action
column, the petitioner stated that the cause of action initially arose on
13.11.2011 when a criminal case was registered against him; he was
remanded to judicial custody; the police filed final report on
02.12.2011, on 09.12.2016 when judgment (acquittal) was rendered;
on 02.06.2017, when the petitioner filed the writ petition, which was
dismissed on 13.07.2018 as withdrawn with liberty to file fresh suit;
on 25.09.2018 when the legal notice was issued by the plaintiff and
the cause of action is still continuing.
3. The petitioner filed an application in IA(CFR).No.5370 of 2018
for condonation of delay of 423 days under Section 14 of the
Limitation Act. The Court below dismissed the application holding that
the provision under Section 14 of the Limitation Act does not deal with
condonation of delay; it only permits exclusion of time during which
the plaintiff was prosecuting another civil suit in a Court where such
proceeding is prosecuted in good faith in a Court which does not have
jurisdiction to entertain the suit. However, the Court below went on to
observe that as per Section 74 of the Limitation Act, the time for filing
of the suit expired on 08.12.2017 since criminal case came to be
disposed of on 09.12.2016 after petitioner was acquitted. It was
further observed that the plaintiff instead of instituting a suit,
approached the High Court by filing writ petition, which was withdrawn
later. The Court below gave a finding that filing a writ petition before
the High Court and getting it dismissed as withdrawn cannot be
equated with that of a civil proceedings being prosecuted relating to
the same matter in issue or for the same relief, with due diligence, in
good faith, bonafide in a Court without jurisdiction to entertain it, as
defined under Section 14 of the Limitation Act. The objection taken by
the office for registration of suit was upheld by the Court below.
4. This Court is of the opinion that the order of the Court below is
unsustainable. Having pointed out that a petition under Section 14 of
the Limitation Act is not maintainable to seek condonation of delay,
the Court below should not have made further observations on merits.
It needs to be noted that an application, which is not maintainable
under law cannot be dismissed on merits. In any event, whether the
petitioner pursued such litigation with due diligence or in good faith or
for any other reason and whether the writ petition filed by the
petitioner and later withdrawn are for bonafide reasons or not and
whether the time consumed for pursuing the writ petition is liable for
exclusion under Section 14 of the Limitation act has to be decided in
the main suit after framing relevant issue in that regard. As a matter
of fact, the application in IA(CFR).No.5370 of 2018 was not necessary
to be filed by the petitioner/plaintiff and as correctly held by the Court
below was not maintainable. The remaining part of the order of the
Court below on merits is set aside.
5. The civil revision petition is allowed. The suit in OS(SR).No.108
of 2019 shall be registered. However, it is made clear that this Court is
not making observations with regard to the issue of limitation.
After the suit is registered, the Court below shall frame a separate
issue, as observed above, as to whether the petitioner is entitled for
exclusion of time under Section 14 of the Limitation Act.
Pending miscellaneous petitions, if any, shall stand closed.
There shall be no order as to costs.
__________________
B. VIJAYSEN REDDY, J
August 6, 2021
DSK
