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february 2004

Supreme Court of India · 2004-02-12

T.N.ALLOY FOUNDRY CO. LTD. vs T.N.ELECTRICITY BOARD .

Citation / case number
SC 2001/18975
Court
Supreme Court of India
Petitioner
T.N.ALLOY FOUNDRY CO. LTD.
Respondent
T.N.ELECTRICITY BOARD .
Author
V.N. KHARE,S.B. SINHA,S.H. KAPAD1A
Bench
V.N. KHARE,CJ,S.B. SINHA,S.H. KAPAD1A

Judgment text excerpt

The Supreme Court upheld the decision of the High Court to reject the appellant's application for amendment of the plaint in a damages suit, emphasizing that while the law allows for amendments, the discretion to permit such amendments is subject to the limitation period. The Court referenced the precedent in L.J. Leach and Co. Ltd. v. Messrs Jardine Skinner and Co., stating that the power to allow amendments exists but must be exercised judiciously, particularly when a fresh suit would be barred by limitation. Consequently, the appeal was dismissed with no order as to costs.

T.N.ALLOY FOUNDRY CO. LTD. vs T.N.ELECTRICITY BOARD . · Niyam