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september 1965

Supreme Court of India · 1965-09-10

A. K. GUPTA AND SONS vs DAMODAR VALLEY CORPORATION

Citation / case number
SC 1963/322
Court
Supreme Court of India
Petitioner
A. K. GUPTA AND SONS
Respondent
DAMODAR VALLEY CORPORATION
Author
A.K. SARKAR
Bench
A.K. SARKAR

Judgment text excerpt

The Supreme Court held that under Order 2 Rule 2 and Order 6 Rule 17 of the Code of Civil Procedure, 1908, amendments to a plaint can be allowed even after the expiry of the statutory period of limitation if they do not introduce a new cause of action. The Court found that the claim for money was inherently part of the original plaint, and thus the respondent could not claim prejudice from the amendment. The High Court's decision to deny the amendment was overturned, affirming the trial court's decree in favor of the appellant.

A. K. GUPTA AND SONS vs DAMODAR VALLEY CORPORATION · Niyam