AIR 1922 NAGPUR 213 ::1922 (5) Nag LJ 192 ::1922 Nag LJ 192 ::(1922) 66 Ind Cas 217

Nagpur High Court

Hon'ble Judge(s): Hallifax , J

(A) Limitation Act (9 of 1908) , S.22— Joinder of parties - Civil P. O. (1908), O 1, R. 10, O, XLI, R. 20 - Parties impleaded under - S. 22 does not apply - It applies to appeals and suits - But in appeal the delay may be excused - Limitation Act, S. 5. S. 22 of the Limitation Act does not prescribe any period of limitation for the joinder of a party to a suit under S. 32, C. P. C. (1882), O. 1, R. 10 or to an appeal under S, 559 of the old Code (O. XLI, R. 20,) and there is nothing to prevent such a joinder in either a suit or appeal even after it is barred by time. S 22 of the Limitation Act applies to appeals as much as to suits in principle. But a suit in which a defendant is joined, after the period of limitation has expired, must necessarily be dismissed as against him. In an appeal, however; there may be possibly reasons justifying its admission after time under S. 5 of the Limitation Act. (B) Civil P.C. (5 of 1908) , O.41 R.22— Scope - Cross-objection can be admitted even after the 30 days. A cross-objection can be admitted after the expiry of 30 days from the service of notice of the appeal on the respondent, even though it be put in the course of the arguments in appeal. (C)Appeal - Party....