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.