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.