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(2004) 1 MLJ 122 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : V.Kangararj, J.
Case Number(s) : S.A.No.1449 of 1991
Judgement Date :
Thursday 17th of July 2003
| A.Ibrahim and others | .....Appellant(s) | | Versus | | | M/s.National Textiles Corporation (Tamil Nadu and Pondicherry) Limited, Coimbatore and another | .....Respondent(s) |
(A) Civil Procedure Code (V of 1908), O.1, Rule 10 — Suit — New defendant added — Limitation Act (XXXVI of 1963), Sec.21(1), proviso — Scope and applicability — Third defendant impleaded belatedly — Suit if barred by limitation — Under the proviso to Sec.21(1) of Limitation Act, if a party is impleaded late owing to a bona fide mistake, the Court can direct that the suit shall as regards from be decreed to have been instituted on an earlier date — Hence, suit is not barred by limitation — Allegation that trial Court and appellate Court granted relief to petitioner invoking proviso to Sec.21(1) without giving opportunity to defendants — Held, both the trial and appellate Courts followed procedure laid down by law giving adequate opportunity for parties to be heard — No legal infirmity or inconstituency or violation of the principles of natural justice.
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