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.