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This question belongs to Law Limitation Act

Limitation Act

?

When a new party to a suit is added then can the suit qua that party be taken to be instituted from the original date of filing of the suit?

A) No. The suit is taken as filed by or against a party only when the order of impleadment is made B) No. The suit is taken as filed by or against a party only from the date of filing of the application for impleadment C) Yes. It is correct, provided that the court is satisfied that the omission to implead the person was due to a mistake in good faith D) Yes, provided that when the suit was originally filed, it was filed on behalf of a minor and who after becoming a major pendente lite ratifies the filing of the suit from the original date

Answer & Solution

Correct Answer: Option C

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