( 1 ) THIS petition by the defendants in Special Civil suit No. 583 of 1997 before the learned Civil Judge, Senior division, Nagpur, raises the question as to the circumstances in which a person joining as co-plaintiff much after the suit was filed could be given benefit of proviso to Section 21 of the Limitation Act.

( 2 ) FACTS relevant for deciding this petition and about which there is not much of a dispute, are as under : the defendants were alleged to have executed an agreement of sale in respect of certain property in favour of original plaintiff Manjudevi and her husband. A suit for specific performance of said agreement was filed on 30-5-1997 by Manjudevi alone (Special Civil Suit No. 583 of 1997), seeking execution of sale-deed in her own name against the petitioners and defendant Nos. 5 to 8 in whose favour a subsequent agreement was executed. However, the plaint as initially drafted bore the names of both manjudevi and her husband. Name of her husband binodkumar in the title as also his signatures on the last page of the plaint were erased by the counsel for the plaintiffs, who also sought to take advantage of exemption for court fee for women and stated so in para 16 o

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