In a suit filed by the plaintiff, the defendant in his written statement has taken the objection of non-impleadment of necessary party. Despite such objection the plaintiff continued the suit and the suit finally was decreed. At the first appellate stage, the plaintiff withdraws the suit with liberty to file a fresh one on the same cause of action and subsequently filed a fresh suit. The period spent by the plaintiff in the earlier suit, under section 14 of Limitation Act is

A. Liable to be excluded on the ground that the plaintiff was prosecuting the earlier suit with due diligence and in good faith

B. Not liable to be excluded as the plaintiff cannot be said to be prosecuting the earlier suit with due diligence and in good faith

C. Liable to be excluded under section 14(3) of Limitation Act

D. To be excluded or not to be excluded is in the discretion of the court

Answer: Option A