[1] We agree with the Courts below that the plea of non-joinder of parties was not raised by the defendants at the earliest possible opportunity. If that plea had been raised at the time limited by the rules for the filing of the written statement, an opportunity would have been afforded to the plaintiffs of amending their claim by adding parties. But the defendants applied to the Court and got an extension of two months for the filing of their written statement and by this maneuver they precluded the plaintiffs from making an application to the Court for the addition of the parties within the period of limitation. Under such circumstances, it appears to be clear under the rules that the objection raised in the Courts below and here must be deemed to have been waived. We dismiss the appeal with costs including fees in this Court on the higher scale.
Debi Saran Sahi v. Mahabir Singh
Debi Saran Sahi v. Mahabir Singh
(High Court Of Judicature At Allahabad)
No. | 08-06-1910
Advocate List
Bench
- HON'BLE CHIEF JUSTICE MR. JOHN STANLEY
- HON'BLE JUSTICE MR. GRIFFIN
Eq Citations
- 7 IND. CAS. 102
- LQ/AllHC/1910/226
Head Note
Limitation Act, 1963 — S. 5 — Non-joinder of parties — Waiver — Plea of non-joinder of parties not raised at the earliest possible opportunity — Defendants applying to Court and getting an extension of two months for filing their written statement and by this maneuver precluding plaintiffs from making an application to Court for addition of parties within period of limitation — Held, objection raised in Courts below and here must be deemed to have been waived
