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july 1974

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.

SHANTI KUMAR R. CANJI vs THE HOME INSURANCE CO. OF NEW YORK · Niyam