DEVIDAS AND OTHERS vs SHRISHAILAPPA AND OTHERS.

The Supreme Court held that the failure to join a proper but not necessary party does not affect the maintainability of a suit under Section 22 of the Indian Limitation Act, 1908. The Court clarified that whether a suit is instituted by the manager of an undivided Hindu family in a personal capacity or as a representative depends on the circumstances of each case. In this instance, the suit was deemed maintainable as the first plaintiff was acting in his capacity as the manager of the family, despite not explicitly stating so in the plaint.