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What is Effect of substituting or adding new plaintiff or defendant? What is Continuing breaches and torts? Section 21 and 22 of Limitation Act 1963

 
 

Effect of substituting or adding new plaintiff or defendant and Continuing breaches and torts are defined under section 21 and 22 of Limitation Act 1963. Provisions under these sections are:

Section 21 of Limitation Act "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 made a party:

Provided that were the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake 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 tendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff

Section 22 of Limitation Act " Continuing breaches and torts"

In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation beings to run at every moment of the time during the breach or the tort, as the case may be, continues.

 

Limitation Act 1963

What is Effect of fraud or mistake? What is Effect of acknowledgment in writing? Section 17 and 18 of Limitation Act 1963

What is Effect of payment on account of debt or of interest on legacy? What is Effect of acknowledgment or payment by another person? Section 19 and 20 of Limitation Act 1963

What is Effect of substituting or adding new plaintiff or defendant? What is Continuing breaches and torts? Section 21 and 22 of Limitation Act 1963

What is Suits for compensation for acts not actionable without special damage? What is Computation of time mentioned in instrument? What is Acquisition of easement by prescription? Section 23,24 and 25 of Limitation Act 1963

What is Exclusion in favor of reversionary of servant tenement? What is Extinguishment of right to property? Section 26 and 27 of Limitation Act 1963

 

 

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