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august 2013

Supreme Court of India · 2013-08-06

JITENDRA KUMAR KHAN vs PEERLESS GEN.FINANCE & INVEST.CO.LTD&ORS

Citation / case number
SC 2004/16411
Court
Supreme Court of India
Petitioner
JITENDRA KUMAR KHAN
Respondent
PEERLESS GEN.FINANCE & INVEST.CO.LTD&ORS
Author
Dipak Misra
Bench
DIPAK MISRA ANIL R. DAVE

Judgment text excerpt

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 counterclaim cannot be introduced after the expiry of the limitation period. The Court held that the claims of the defendants were not identical to those of the plaintiffs and thus could not be adjusted. The judgment reinforced the principle that amendments should not alter the fundamental nature of the case, leading to the dismissal of the defendants' application for amendment.

JITENDRA KUMAR KHAN vs PEERLESS GEN.FINANCE & INVEST.CO.LTD&ORS · Niyam