MUNSHI RAM versus NARSI RAM & ANOTHER

MUNSHI RAM versus NARSI RAM & ANOTHER

If omission to implead a necessary party is due to a bona fide mistake discernible from official documents, the court may deem the suit against such party to have been filed as of the original date of institution; amendment of cause title is necessary, amendment of pleadings regarding cause of action is unnecessary.

Parties
Appellant: Munshi Ram; Respondent: Narsi Ram; Respondent: Another (unspecified)
Jurisdiction
India
Judgment Date
14 January 1983
Procedural Posture
Civil Appeal / Appeal by Special Leave From Second Appeal Decision of Punjab & Haryana High Court
Outcome
Appeal allowed
Legal Topics
Non Joinder of Necessary Parties, Limitation Act, 1963, Article 97, Section 2(h), Section 21(1), Code of Civil Procedure, Order I Rules 9 & 10, Order VI Rule 17
Limitation Law Civil Procedure Non Joinder of Necessary Parties Limitation Act, 1963, Article 97, Section 2(h), Section 21(1) Code of Civil Procedure, Order I Rules 9 & 10, Order VI Rule 17

Case Brief

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Parties

Munshi Ram

Appellant

Narsi Ram

Respondent

Another (unspecified)

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Second Appeal Decision of Punjab & Haryana High Court

Legal Issues

  1. 1 Whether the application for impleading an additional defendant (Munni Devi) to the suit was within limitation under Limitation Act, 1963, Article 97 read with Section 21(1) proviso
  2. 2 Whether the omission to implead Munni Devi as a party was due to a bona fide mistake discernible from official documents

Ratio Decidendi

If omission to implead a necessary party is due to a bona fide mistake discernible from official documents, the court may deem the suit against such party to have been filed as of the original date of institution; amendment of cause title is necessary, amendment of pleadings regarding cause of action is unnecessary.

Court Disposition

Appeal allowed

Orders

  • Judgments and decrees of High Court, first appellate court, and trial court set aside
  • Suit remanded to trial court for disposal in accordance with law on other issues