Effect of substituting or adding new plaintiff or defendant
Section 21 of the Limitation Act, 1963 deals with effect of substituting or adding new plaintiff or defendant. 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 The Act came into force on 01 Jan 1964.
(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.
Section 21, The Limitation Act, 1963 (Act 36 of 1963).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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B. Santoshamma vs D. Sarala
Court's Decision & Legal Precedent
When a vendor deliberately transfers part of the subject matter of a sale agreement to a third party after entering into the agreement with the vendee, and the vendee has demonstrated readiness and willingness to perform her obligations by paying a substantial portion of the consideration within the stipulated time, the court may, under Section 12 of the Specific Relief Act, 1963, direct specific performance of so much of the contract as can be performed by reducing the consideration proportionally in lieu of damages. A registered deed of conveyance takes priority over an unregistered sale agreement under Section 50 of the Registration Act, 1908, and the rights of a bona fide transferee cannot be nullified in a suit for specific performance where the transferee was not impleaded as a necessary party within the period of limitation.
On this section: Governs the effect of substituting or adding a new party to a suit. The Court held that when a party is added after the period of limitation has expired, the suit against that party is barred unless the court directs that the suit be deemed to have been instituted at an earlier date.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 21
What have the courts held on Section 21 of the Limitation Act?
B. Santoshamma vs D. Sarala (18 Sep 2020) is the leading judgment on this section among those set out below: Governs the effect of substituting or adding a new party to a suit. The Court held that when a party is added after the period of limitation has expired, the suit against that party is barred unless the court directs that the suit be deemed to have been instituted at an earlier date.
How do I find court cases under Section 21 of the Limitation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Limitation Act 21, section 21 Limitation Act, section 21 of the Limitation Act. People searching for it also type limitation act article 21. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with B. Santoshamma vs D. Sarala (18 Sep 2020).
When did Section 21 of the Limitation Act come into force?
Section 21 of the Limitation Act, cited as Limitation Act 21, came into force on 01 Jan 1964, having been enacted on 05 Oct 1963. It is in force as at the date shown on this page.
Other sections of this Act
- 30. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908557 words
- 17. Effect of fraud or mistake401 words
- 2. Definitions363 words
- 15. Exclusion of time in certain other cases347 words
- 14. Exclusion of time of proceeding bona fide in court without jurisdiction312 words
- 6. Legal disability283 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.