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Report No. 3

Section 22

54. We consider that an omission to implead a person owing to a bona fide mistake should not deprive the plaintiff of his rights against that person. Relaxation of the law of limitation providing for such mistakes in good faith have been recognised in section 14 and elsewhere. Section 22 should be amended to exclude from its operation cases where due to inadvertence and in good faith there has been non-joinder of parties.

Limitation Act, 1908 Back

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