Report No. 89
21.37. Recommendation.- In the light of the above discussion, we recommend that section 21 should be revised as under:
Revised section 21
21. (1) Where, after the institution of a suit, or the making of an application, a new plaintiff or applicant, or a new defendant or respondent, as the case may be, is substituted or added, the suit or application shall, as regards him, be deemed to have been instituted, or made, as the case may be, when he was made a party:
Provided, that where the court is satisfied that the omission to include a new plaintiff or application or a new defendant or respondent, as the case may be, was due to a mistake made in good faith, it may direct that the suit, or application as regards such plaintiff or applicant or defendant or respondent shall be deemed to be have been instituted, or made, as the case may be, on any earlier date. "Explanatio.-For the purposes of this section, and subject to the provisions" of the proviso to this sub-section, a person is deemed to have been made a party was the application for making his a party is made to the court.
(2) Nothing in sub-section (1) shall app.-
(a) 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 application, or,
(b) where a plaintiff is made a defendant or an applicant is made a respondent, or
(c) where a defendant is made a plaintiff or a respondent is made an applicant, or
(d) to a suit or application by or against the members of a joint Hindu family to enforce a right or liability relating to the affairs of the joint Hindu family, where one or more of the members of the family, not being originally impleaded, is in the course of the suit or application, brought nn the record at the instance of the other party."