What is the effect of impleading a defendant after the expiry of the period of limitation on the newly added de­fendant and other defendants? (Section 21)

Section 21 of the limitation Act lays down that where, after institution of the suit a new defendant is substituted or added, the suit shall, as regards him be deemed to have been institution when he was so made party. If the addition of the defendant was beyond the period of limitation, the claim against him would be barred by limitation. The only exception is where the court is satisfied that the omission to include a new defendant was due to a mistake in good faith.

The question whether the joinder of partner after the insti­tution of a suit shall necessarily involve the bar of limitation, if the prescribed period has expired, must depend upon the consi­deration of the question whether the joinder was necessary to enable the court to award such relief as may be given in the suit as framed, if the fresh parties are joined merely for the purpose of safeguarding the right subsisting as between them and .the others claiming generally in the same interest, the fact that the suit is barred as regards the freshly joined parties does not ordinarily affect the right of the original plaintiffs to continue the suit.

The test to be applied is-whether the suit was properly constituted at the date of filing the plaint so as to enable the court to adjudicate as between the parties implead­ed. A suit is not said to be properly constituted unless all the necessary parties are impleaded in it.

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By necessary parties are meant those parties who ought to be joined and who are indispensable,, as without them no decree at all can be made, if these parties are joined, then the suit is bad for non-joinder, and the addition of these parties after the period of limitation will necessitate a dismissal of the suit. If, however, the necessary parties are impleaded, non joinder of other persons who are not necessary or.

Indispensible but whose joinder is only desirable to safeguard their rights and the rights of others, and to prevent further litigation does not render the suit as improperly consti­tuted, and the joinder of those parties after limitation will not necessitate the dismissal of the suit.