PART III COMPUTATION OF PERIOD OF LIMITATION

Section 21: Effect of substituting or adding new plaintiff or defendant

The Limitation Act, 1963

(1) Where after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party:

Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date.

(2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.

Questions on this section

2 questions in 9 of our papers cite Section 21. Try these from the free papers:

1. Consider the following statements regarding Section 21 of the Limitation Act, 1963: 1. Sub-section (1) applies where a party is added owing to the devolution of an interest during the pendency of the suit. 2. Where a new defendant is added after the institution of a suit, the suit as regards him is deemed to have been instituted when he was made a party. 3. Where the omission to include the new defendant was due to a mistake made in good faith, the court may direct that the suit as regards him be deemed instituted on an earlier date. Which of the statements given above is/are correct?

Practise questions on Limitation Act, 1963