law: Court Fees Act, 1850 
  14.Exclusion of time of proceeding bona fide in court
  
  without jurisdiction .- 
  (1) In computing the period of limitation for any suit the time
  
  during which the plaintiff has been prosecuting with due diligence another
  
  civil proceeding, whether in a court of first instance or of appeal or
  
  revision, against the defendant shall be excluded, where the proceeding relates
  
  to the same matter in issue 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.
  (2) In computing the period of limitation for any application,
  
  the time during which the applicant has been prosecuting with due diligence
  
  another civil proceeding, whether in a court of first instance or of appeal or
  
  revision, against the same party for the same relief shall be excluded, where
  
  such proceeding 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.
  (3) Notwithstanding anything contained in rule 2 of Order XXIII
  
  of the Code of Civil Procedure, 1908, (5 of 1908) the provisions of sub-section
  
  (1) shall apply in relation to a fresh suit instituted on permission granted by
  
  the court under rule 1 of that Order, where such permission is granted on the
  
  ground that the first suit must fail by reason of a defect in the jurisdiction
  
  of the court or other cause of a like nature.
  Explanation,--  For the purposes of this section,--
  (a) in excluding the time during which a former civil proceeding
  
  was pending, the day on which that proceeding was instituted and the day on
  
  which it ended shall both be counted;
  (b) a plaintiff or an applicant resisting an appeal shall be
  
  deemed to be prosecuting a proceeding;
  (c) misjoinder of parties or of causes
  
  of action shall be deemed to be a cause of a like nature with defect of
  
  jurisdiction.