Name of a party should not be allowed to be added by amending the plaint where ........

Civil Procedure Code (CPC) 1908 Plaint and Written Statement

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Name of a party should not be allowed to be added by amending the plaint, where:

The suit is already barred by the limitation as against the party so proposed to be added

The omission to join him originally is not due to bona fide mistake

Either (A) or (B)

None of these

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Explanation:

- Statement 1: If the suit is already time-barred as against the new party, courts generally do not permit adding them by amending the plaint. This prevents circumventing the Limitation Act.

- Statement 2: If the omission to add the party earlier was not a genuine or honest mistake, the court may refuse the amendment.

- Option 3: Covers both previous scenarios. So, if either the suit is time-barred or the omission wasn't bona fide, adding the party should not be allowed.

- Option 4: “None of these” is incorrect, since the above situations are valid legal grounds.

Correct Answer: Option 3 - Either (A) or (B).