Lim 21 — Effect of substituting or adding new plaintiff or defendant

Limitation Act, 1963

Statutory text

(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.

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