Under section 21(1) of the Limitation Act, 1963, a new defendant is added after a suit is instituted.…
Section 21(1) uses the date on which the new defendant was made a party. The court may direct an earlier date if a good-faith mistake caused the omission. Section 21(2) also…
Choose your answer
Under section 21(1) of the Limitation Act, 1963, a new defendant is added after a suit is instituted. The court makes no order deeming an earlier date and the joinder is not due to assignment or devolution of interest. When is the suit deemed instituted against the new defendant?
Answer and explanation
Correct answer C
Section 21(1) uses the date on which the new defendant was made a party.
The court may direct an earlier date if a good-faith mistake caused the omission. Section 21(2) also excludes joinders due to assignment or devolution of interest during the suit and specified transpositions of parties.
Option feedback
Option A
The date of original institution does not apply by default to a newly joined defendant.
Option B
Filing the application does not itself make the defendant a party.
Option C
The default statutory date is when that defendant was made a party.
Option D
Service on another defendant is irrelevant to the statutory deemed institution date.
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