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Report No. 3

20. 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, unless the Court, if satisfied that the omission to include the said plaintiff or defendant was due to a mistake made in good faith, orders that the suit shall, as regards him, be deemed to have been instituted earlier.

(2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to an 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.

(Section 22)



Limitation Act, 1908 Back




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