JOGINDER SINGH Vs. PARAMJIT SINGH

JUDGEMENT

(1.) This revision petition has been filed by Joginder Singh and Swinder Singh defendants against the order of the Subordinate Judge, Ist Class, dated 22nd November, 1983 allowing the amendment of the plaint.

(2.) Briefly the facts are that Maj. Joginder Singh entered into an agreement of sale dated 2nd March, 1979 with Paramjit Singh plaintiff. Later Maj. Joginder Singh sold the land to Swinder Singh and Joginder Singh defendants (now petitioners). The plaintiff instituted a suit for specific performance of the agreement dated 2nd of March, 1979, against Major Joginder Singh and Joginder Singh and Swinder Singh ss/o Fauja Singh during the pendency of the suit, the plaintiff moved an application that the land was sold by Maj. Joginder Singh to Dalip Singh and Avtar Singh also along with Swinder Singh and Joginder Singh. Consequently, he prayed that he may be allowed to amend the plaint and implead Dalip Singh and Avtar Singh as defendants. The application has been allowed by the trial Court. Swinder Singh and Joginder Singh defendants have come up in revision against the said order to this Court.

(3.) Learned counsel for the petitioners contends that the limitation for instituting the suit had expired on the date when the application for amendment of the plaint was made and, therefore, the Court could not allow, the plaintiff to implead Dalip Singh and Avtar Singh and parties. I have given due consideration to the agreement but regret my inability to accept the same. Sub-rule (2) of Rule 10 of Order 1, Civil Procedure Code, provides that the Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any person who ought to have been joined, whether as a plaintiff or defendant, or whose presence before the Court was necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. From the said provisions, it is evident that the Court has ample power to add a party at any stage of the suit. This is, however, done subject to the provisions of Section 21 of the Limitation Act which provides that where after the institution of a suit, a defendant is added, the suit shall as regards him, be deemed to have been instituted when he was so made a party. In view of the aforesaid section the suit against the newly added defendants shall be deemed to have been instituted on the date when they were made a party. Thus it is open to the newly added defendants to take the plea of limitation in the written statement.