Supreme Court of India · 1995-11-09
MUNI LAL vs ORIENTAL FIRE & GENL.INSURANCE CO.
- Citation / case number
- SC 1992/84437
- Court
- Supreme Court of India
- Petitioner
- MUNI LAL
- Respondent
- ORIENTAL FIRE & GENL.INSURANCE CO.
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the limitation period for filing a suit under Section 28 of the Indian Contract Act is void if it prescribes a shorter period than that provided in the Limitation Act. The Court found that the appellant's suit for declaration of entitlement to the insured amount was initially filed within the limitation period, and the subsequent denial of consequential relief was unjustified. The Court ruled that the appellant should be allowed to amend the plaint to seek consequential relief, thereby reversing the decisions of the lower courts.