P.B.Mukharji, J. - (1.) This is an application to set aside a sale in execution. The application is made by the 5th defendant Mono Durlav Das who describes himself as the Managing Shebait of the Estate of Sri Sri Madan Mohan Jew under a Will dated 1st August, 1914 executed by his father Menick Lal Das deceased. It relates to the sale of property No. 29, Blackburn Lane, Calcutta. The sale was held on the 11th March, 1953. Although the Municipal valuation of the property was Rs. 7,760/- as shown in the Exchange Gazette, it was sold for the sum of Rs. 225/- only. My sympathies, therefore, are naturally with the applicant.
(2.) The main difficulty, however, on his way is the bar of limitation. I have already said that the sale was held on the llth March, 1953. This application was made on the 15th May, 1953. The limitation for an application to set aside a sale in execution under the Civil Procedure Code is 30 days from the date of sale under Article 166 of the Limitation Act. This application, therefore, is obviously time-barred.
(3.) Learned Counsel for the applicant, however, argues that the applicant should receive the benefit of Section 14(2) of the Limitation Act. The section begins with a marginal note "Exclusion of time of proceeding 'bona fide' in Court without jurisdiction." In Sub-section (2) of Section 14 it is provided: "In computing the period of limitation prescribed for any suit, the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a Court of Appeal, against the defendant, snail be excluded, where the proceeding is founded upon the same cause of action and is prosecuted in good faith in a Court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it." Counsel for the applicant proposes to take advantage of this section on the basis of the following facts which must here be recounted at this stage.;