New 55% Off on All Courses - Enroll Now! Click Here

    Question

    When a  court is satisfied that the omission to include

    a new plaintiff or defendant in a suit 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 be_____________.
    A from the date when he was impleaded as a party Correct Answer Incorrect Answer
    B from the date when application for amendment was first moved. Correct Answer Incorrect Answer
    C from the date when application for amendment was first moved in case there was a delay in deciding amendment application. Correct Answer Incorrect Answer
    D from the date of institution of a suit. Correct Answer Incorrect Answer
    E from any earlier date than when he was impleaded as a party. Correct Answer Incorrect Answer

    Solution

    As per Limitation Act, 1963 S. 21. Effect of substituting or adding new plaintiff or defendant. —(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..

    Practice Next

    Relevant for Exams: