words per minute
9
Vishal_Thakur_vt
00:00
Speed
The written statement was clearly drafted not mentioning her name, Even the original sale deed was not produced with the written statement but the contents were read out on June 14, 1978 after the replication was filed denying the plea of non-joinder of necessary parties. The fact that the appellants' father was the vendor does not lead to the presumption of his knowledge that Munni Devi was one of the vendees. In fact the appellant had nothing to gain by not impleading Munni Devi as a defendant. These circumstances lead to the only conclusion that the appellant had acted with due care and attention, within the meaning of the term good faith in section 2 of the Limitations Act, 1963, which the courts below failed to note. 2 The suit against Munni Devi should be deemed to have been filed on the date of the institution of the suit i.e.January, 1978 itself, treating that as an earlier date referred to in the proviso to section 21 (1) of the Act, since there is no dispute that, if the suit had been filed against her also on January 29, 1978 it would have been in time and would not have suffered from the defect of non-joinder of necessary party; and because Munni Devi is a necessary party and has to be impleaded under sub-rule of Rule 10 of Order I of Code of Civil Procedure to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, the amendment regarding the cause of action is unnecessary. The Judgment of the Court was delivered by VENKATARAMIAH, The simple question which arises for consideration in this case is whether the application made by the appellant for impleading an additional defendant to the suit out of which this appeal arises was in time.
The appellant filed a Suit in the court of Sub Judge, Kaithal for possession of a piece of land in exercise of his right of preemption against respondents 1 and 2 alleging that they had purchased the land from his father, Baburam under a registered sale deed dated May 16.