Effect of Substituting or Adding new Plaintiff or Defendant (Section 21)

Mains Questions – Limitation Act

Q.1. What is the effect of addition of a plaintiff or defendant in a pending suit upon the limitation for filing such suit? [HJS 2000]

Q. 2. On the basis of a promissory note for Rs. 10,000/- executed by C in favour of A and his father B jointly (without assigning any shares), a suit on that last day of limitation was brought by A alone against C for recovery of the amount. After about a month of the institution of suit C appeared and raised an objection that suit liable to be dismissed due to non-joinder of B within limitation period.
(a) Decide the objection of C and what order will you pass? Give reasons.
(b) If before aforesaid objection is decided, B dies leaving A as only heir, what will be the fate of objection aforesaid of C? [DJS 1976]

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