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1974 DIGILAW 119 (PAT)

Karoo Singh v. Panchanan Saha

1974-07-04

D.P.SINHA

body1974
ORDER D.P. SINHA, J. : Heard learned counsel for the appellant on the question of limitation. It is clear that no period of limitation has been prescribed for adding a party in appeal. In this case the person sought to be added appears to have been left out on account of bona fide mistake and he is a person interested in the decree against which the appeal has been preferred. In the circumstance, the question of limitation does not arise. The name of the person added shall continue on record. This view is supported by a Bench decision of this Court in Chandrika Ray vs. Ram Kuer Thakur and another (A.I.R. 1923 Patna 88) and a Full Bench decision of the Punjab High Court in Notified Area Committee, Buria Vs. Ram Lakshman Das and other (A.I.R. 1969 Punjab 227).