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.