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.