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january 1983

Supreme Court of India · 1983-01-14

MUNSHI RAM vs NARSI RAM & ANOTHER

Citation / case number
SC 1983/66040
Court
Supreme Court of India
Petitioner
MUNSHI RAM
Respondent
NARSI RAM & ANOTHER
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that under Section 21 of the Limitation Act, 1963, a court may allow the inclusion of a new defendant if the omission was due to a good faith mistake. The Court found that the appellant's failure to include Munni Devi as a defendant was a result of such a mistake, as the sale deed did not list her as a vendee. Consequently, the Court deemed the suit against Munni Devi to have been filed on the original date of January 29, 1978, allowing the amendment and reversing the lower court's dismissal of the application and suit.

MUNSHI RAM vs NARSI RAM & ANOTHER · Niyam