Supreme Court of India · 1974-07-24
SHANTI KUMAR R. CANJI vs THE HOME INSURANCE CO. OF NEW YORK
- Citation / case number
- SC 1971/60098
- Court
- Supreme Court of India
- Petitioner
- SHANTI KUMAR R. CANJI
- Respondent
- THE HOME INSURANCE CO. OF NEW YORK
- Bench
- RAY, A.N. (CJ)
Judgment text excerpt
The Supreme Court held that an amendment to a plaint that introduces a new claim based on new facts is subject to the limitation period applicable at the time of the amendment application. The Court clarified that a judgment under Clause 15 of the Letters Patent must determine rights or liabilities and not merely regulate procedure. The High Court's decision to deny the amendment was upheld as it was found to be justifiable and not purely discretionary, thus affirming the respondent's immunity from liability due to limitation.