Which of the following sections of the Limitation Act, 1963 deals with the effect of substituting or…
Section 21 governs the effect of adding or substituting a plaintiff or defendant. Generally, the suit is treated as instituted as to that party on the date of joinder. A…
Choose your answer
Which of the following sections of the Limitation Act, 1963 deals with the effect of substituting or adding a new plaintiff or defendant?
Answer and explanation
Correct answer D
Section 21 governs the effect of adding or substituting a plaintiff or defendant. Generally, the suit is treated as instituted as to that party on the date of joinder. A good-faith mistake may justify an earlier date by court direction. Section 21(2) excludes changes arising from assignment or devolution during the suit and switches of an existing party between the plaintiff and defendant sides. Sections 18 to 20 concern acknowledgment and payment.
Option feedback
Option A
Section 18 deals with acknowledgment in writing.
Option B
Section 19 deals with payment on account of a debt or interest on a legacy.
Option C
Section 20 deals with acknowledgment or payment by another person.
Option D
Section 21 governs adding or substituting a party, with a good-faith mistake proviso and the separate exclusions in section 21(2).
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