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Limitation Act, 1963

Section 21, Limitation Act: Effect of substituting or adding new plaintiff or defendant

Pundora · Published 3 October 2026

Section 21 of the Limitation Act, 1963, in the Act's own words.

The section

21. Effect of substituting or adding new plaintiff or defendant.

(1) Where after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party: Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date. (2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

The periods themselves are in the Schedule: every article, with its period and when time begins to run.

Sources

  1. India Code: Limitation Act, 1963, section 21 (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.