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september 2008

Supreme Court of India · 2008-09-09

M/S. South Konkan Distilleries & Anr vs Prabhakar Gajanan Naik & Ors

Citation / case number
AIR 2009 SUPREME COURT 1177
Court
Supreme Court of India
Petitioner
M/S. South Konkan Distilleries & Anr
Respondent
Prabhakar Gajanan Naik & Ors
Author
Tarun Chatterjee
Bench
Tarun Chatterjee, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court addressed the issue of amendment of written statement and counter claim under the limitation period as per the Limitation Act, 1963. The Court held that the trial court correctly rejected the application for amendment since the cause of action arose in 1986, making the claim ex facie barred by limitation. The Court emphasized that amendments cannot be allowed if they introduce claims that are time-barred, thereby affirming the High Court's decision to uphold the trial court's order.

M/S. South Konkan Distilleries & Anr vs Prabhakar Gajanan Naik & Ors · Niyam