Substitution or addition of party to suit under limitation act


The Limitation Act provides that if a new party (whether as plaintiff or defendant) is added or substituted, the suit should be deemed to have been instituted on the date when such person was made a party. The procedure to be followed is that when there are several plaintiffs with the joint cause of action, all of them should be impleaded within the period of limitation.

Hence, if a person is impleaded as a plaintiff after the period of limitation, the suit would be barred. But, not so if the defendants do not object. However, if a plaintiff, is made a defendant or Vice Versa in a suit, this is considered not as the addition of a new party & hence suit is not barred.

Section 21 provides that if the court is satisfied that the omission to include a plaintiff or defendant was due to a mistake, in GOOD FAITH it may direct the suit date as date of institution. (Not date of addition), hence, the suit will not be barred.

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