AIR 1993 SUPREME COURT 2324 ::1993 AIR SCW 2486 ::1994 ( ) Bom CJ 727 ::1993 SCFBRC 328 ::(1993) 3 RRR 122 ::1993 (2) UJ (SC) 394 ::(1993) 2 HinduLR 213 ::1994 (2) CivilCourtC 526 ::1993 (4) SCC 41 ::1993 (2) CurCC 616 ::1993 (22) All LR 466 ::(1993) 2 APLJ 62 ::(1993) 3 Andh LT 456 ::1993 BB CJ 251 ::1994 HRR 8 ::1993 (2) GujLH 188 ::(1993) 2 LandLR 377 ::(1993) 2 CurLJ(CCR) 286 ::(1993) 4 JT 192 (SC)

Supreme Court Of India

(From : (1979) 1 Mad LJ 298)

Hon'ble Judge(s): M. M. Punchhi, K. Ramaswamy , JJ

Limitation Act (36 of 1963) , S.21(1) Proviso— Applicability - Suit filed against dead person - Plaintiff becoming aware of defendant's death from remark on returned summons - Seeking impleadment of LRs of defendant, promptly therafter - Entitled to invoke proviso to S. 21(1). Civil P.C. (5 of 1908) , O.1 R.10, O.22 R.4— The Proviso to S. 21(1) permits correction of errors which have been committed due to a mistake made in good faith but only when the Court permits correction of such mistake. In that event its effect is not to begin from the date on which the application for the purpose was made, or from the date of permission but from the date of the suit, deeming it to have been correctly instituted on an earlier date than the date of making the application. The proviso to sub-sec. (1) of S. 21 is obviously in line with the spirit and thought of some other provisions in Part III of the Act such as S. 14 providing exclusion of time of proceeding bona fide in Court without jurisdiction, when computing the period of limitation for any suit, and S. 17(1) providing a different period of limitation starting when discovering a fraud or mistake instead of the commission of fraud or mistake. While invoking the beneficent proviso to sub-see. (1) of S. 21 an averment that a mistake was made in good faith by impleading a dead defendant in the suit shoul....