21.Effect of substituting or adding new plaintiff or defendant

(1) Where after the institution of a suit, a new^ⓘ plaintiff^ⓘ or defendant^ⓘ is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party: Provided that where the court is satisfied that the omission to include a new^ⓘ plaintiff^ⓘ or defendant^ⓘ was due to a mistake made in good faith it may direct that the suit as regards such plaintiff^ⓘ or defendant^ⓘ shall be deemed to have been instituted on any earlier date. (2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff^ⓘ is made a defendant^ⓘ or a defendant^ⓘ is made a plaintiff^ⓘ.