LAWS(BOM)-2009-7-143

SHEKHAR GOVINDRAO KINKHEDE Vs. MANJUDEVI VINODKUMAR CHHAWCHHARIA

Decided On July 29, 2009
SHEKHAR GOVINDRAO KINKHEDE Appellant
V/S
MANJUDEVI VINODKUMAR CHHAWCHHARIA Respondents

JUDGEMENT

(1.) This petition by the defendants in Special Civil Suit No. 583 of 1997 before the learned Civil Judge, Senior Division, Nagpur, raises the question as to the circumstances in which a person joining as co-plaintiff much after the suit was filed could be given benefit of proviso to Section 21 of the Limitation Act.

(2.) Facts relevant for deciding this petition and about which there is not much of a dispute, are as under:

(3.) Defendant Nos. 5 to 8 (subsequent prospective purchasers) also filed a suit against vendors bearing Special Civil Suit No. 1123 of 1996. In the said suit, on 30-4-1997, both Manjudevi and Binodkumar applied for being joined as parties.