Supreme Court of India
Ram Prasad Dagduram v. Vijay Kumar Motilal Mirakhanwala & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In the result, the appeal is allowed, the decree passed by the High Court in favour of respondents Nos. 2, 3 and 4, Mahabal kumari, Rajkumari and Premkumari, is set aside and the decree of the trial Court dismissing the suit is restored.
Judgment, page 10
From the headnote
The order adding parties cannot be supported under either sub-r.(l) of sub-r. (2) of 0. 1, r. 10. Sub-r. (1) provided for addition of plaintiffs and could not therefore justify the addition of defendants. In the case of addition of parties under sub-r. (2), the provisions of s. 22 of the Limitation Act admittedly apply and under it in the present case, a suit by the added porties, on the date they were added, would have been barred. It would have been futile, therefore, to make an order under sub-r. (2). (190 - : 191 -EJ Ravji v. Mahadev's case (l.L.R. 22 Born. 672) doubted. There is no
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