Jitendra Kumar Khan & Ors vs Peerless Gen.Finance & ...

The Supreme Court addressed the issue of amendments to written statements under Order VI Rule 17 and Order VIII Rule 6 of the Code of Civil Procedure, emphasizing that a counter claim cannot be introduced after the limitation period has expired. The Court upheld the lower court's decision to reject the defendants' application for amendment, stating that the claims were not identical and did not arise from the same cause of action. The Court concluded that the defendants' claims were not legally recoverable due to the lapse of time, affirming the principle that equitable set-offs must still adhere to limitation periods.