Section 21 of Limitation Act | Effect of substituting or adding new plaintiff or defendant | Golegal

#substitutingoraddingnewplaintiff #section21 #limitationact
Section 21 of Limitation Act | Effect of substituting or adding new plaintiff or defendant | Golegal
21. 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: 21. 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\:" 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. (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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[@pr0f3s5or3]

Thank you so much. I've been troubled with Limitation Act for a long time. Your beautifully clear explanations make it crystal.

[@neelanchalchoudhary6844]

Ss(2) says that provision of ss1 shall not apply in case of assignment devolution and transposition which means that the party added will be deemed to be a party from the date when the suit was instituted and not when he was added but you are saying just the opposite..
and this has confused me..please clarify

[@wonderboy3919]

Right

[@heenabaharmir18]

During pendency of suit if he joins he will be made party when he joined...not as on the date of institution of suit

[@dikshitjain1378]

Yes please clarify that.

[@thevaibhavvats]

Double discretion of court waala point samazh nhi aaya -
1. Court can be satisfied with good faith argument and make C party from back date
2. Court can reject good faith and make C party from date of actual initiation of suit against C.
But in (2) C will claim - hit by limitation
So court only has 1 discretion only i.e. to agree to good faith or not.

[@AbdulWaali]

Beautiful explanations by beautiful maam!
Stay blessed!

[@NeverGiveup.716]

Keep shining like star...
You deserve millions subscribers & likes.
Stay Blessed mam.

[@nirmalanaik2692]

Nyc lectures with clear concepts👍

[@deepeshyadav2823]

Thanks maam bahut achhe se deal ki h aap limitation act

[@riteshsharma995]

Bdia👌

[@anulysislaw2900]

Excellent lecture 👍

[@sagarchavhan6944]

Thank You madam❤

[@gudiyajyoti2050]

Thank u mem
Yes cristal clear as u mention everything

[@kajulmahendra553]

Thank you mam

[@muskansahu0408]

@4:41 suit instituted mana hi kese jayega kyuki "A" barred by limitation hogya to "C"against suit kese institute hoskta?

[@akankshapipil7008]

The way u r explaining is so good but it would be better if u explain through mentioning dates..

[@shreegiribasavaraj7411]

Thank you

[@ps9554]

Keep it up , nice 👍

[@raviprakashdwivedi8324]

Sunder.... thanks...ap aacha kr rahi..

[@jagdishdabas4066]

Madam please request h criminal certified form C.A-I k Rules ko with judgements explain kijiye please kyonki ek aam public's ko to inhi ki jyaada jarurat padti hai wo to inhi me jyaada deal karti hai.

[@rajnisingh5314]

Excellent teaching 👏

[@RoNसिंह]

Tamiz se baat kar cheater kisey bol rhi hai ..?

[@mallanagoudabiradar6815]

Madam what is the time limitation for impleading party in civil suit?

[@shambhavipandey2433]

Thankyou Mam🌞

[@meenasayyad5970]

CAN A PLAINTIFF BE SUBSTITUTED IN A SUIT WHEN HE IS NOT A FAMILY MEMBER OR LEGAL REPRESENTATIVE IN A PLAINT?

[@top10en49]

Bohot hard madam ji

[@nidhilariya4057]

O1r10(5) per kya limitation prevail kar jyega

[@heenabaharmir18]

Yes

[@Kjbhhhhbvvgehejejekoooje]

Mam aap 21(2) mein clear nahi hai...

[@lawclasses7250]

Or isme konse teer marne baki rah gye

[@Pallabi36756]

I am really sorry to say mam but you are not right on sub sec 2 .

[@satyendrasinghtomer3]

Kindly explain assignment lil bit

[@shivajithorat4209]

ढिले अँपलीकेशन कंडोन जजमेट कीतने दिन मेआती