Cause of action

queryking (Querist) 20 January 2010 This query is : Resolved
when petition is dismissed by a revenue court, and the revenue court directs the plaintiff to appraoch the civil court, will it become a cause of action to file a suit for declaration? the suit is barred by limitation there is a delay about 20 years, but the plaintiiff is quotaing the revenue court direction and showing it as a cause of action, his revenue petition was time barred but it was not considred at the time of giving direction.

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R.R. KRISHNAA (Expert) 20 January 2010
Since his revenue petition itself is time barred the subsequent suit is also time barred and the petitioner cannot allege that cause of action accrues from the time when direction was given by revenue court. Civil court has all rights to dismiss the suit on the ground of barred by limitation.

Devajyoti Barman (Expert) 20 January 2010
Though the direction of the Revenue Court does not operate as giving rise to fresh cause of action, the time in pursuing the Revenue proceeding would be excluded in computing the period of limitation in the second suitif it is found that he was pursuing the said proceeding with due diligence in ignorance of its jurisdiction as propounded by Sec 14 of The Limitation Act.