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What is the effect of impleading a defendant after the expiry of the period of limitation on the newly added de­fendant and other defendants? (Section 21)

January 12, 2019 0 Comment

By necessary parties are meant those parties who ought to be joined and who are indispensable,, as without them no decree at all can be made, if these parties are joined, then the suit is bad for non-joinder, and the addition of these parties after the period of limitation will necessitate a dismissal of the suit. If, however, the necessary parties are impleaded, non joinder of other persons who are not necessary or.

Indispensible but whose joinder is only desirable to safeguard their rights and the rights of others, and to prevent further litigation does not render the suit as improperly consti­tuted, and the joinder of those parties after limitation will not necessitate the dismissal of the suit.

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