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january 1957

Supreme Court of India · 1957-01-22

L. J. LEACH AND COMPANY LTD. vs JARDINE SKINNER AND CO.

Citation / case number
SC 1953/1395
Court
Supreme Court of India
Petitioner
L. J. LEACH AND COMPANY LTD.
Respondent
JARDINE SKINNER AND CO.
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that the amendment of the plaint to include an alternative claim for damages for breach of contract was permissible, despite the fact that a fresh suit on the amended claim was barred by limitation. The Court emphasized that the presence of necessary allegations for the breach of contract claim justified the amendment in the interests of justice. Furthermore, it clarified that to maintain an action in trover, plaintiffs must establish title and entitlement to possession of the goods, referencing the Sale of Goods Act.

L. J. LEACH AND COMPANY LTD. vs JARDINE SKINNER AND CO. · Niyam