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1 - 10 of 11 (0.37 seconds)The Limitation Act, 1963
L. J. Leach And Company Ltd vs Jardine Skinner And Co on 22 January, 1957
In L.J. Leach and Co. Ltd.
v. Jardine Skinner and Co. [AIR 1957 SC 357 : 1957
SCR 438] it was held that the Court would as a rule
decline to allow amendments, if a fresh suit on the
amended claim would be barred by limitation on the
date of the application. But that is a factor to be taken
into account in exercise of the discretion as to whether
amendment should be ordered, and does not affect the
power of the court to order it."
T.N. Alloy Foundry Co. Ltd vs T.N. Electricity Board And Ors on 12 February, 2004
16. This view of this Court has, since, been followed
by a three-Judge Bench of this Court in the case
of T.N. Alloy Foundry Co. Ltd. v. T.N. Electricity
Board [(2004) 3 SCC 392] . Therefore, an application
for amendment of the pleading should not be
disallowed merely because it is opposed on the
Signature Not Verified
Digitally Signed CS(OS) 728/2022 Page 13 of 18
By:PRATEEK
Signing Date:23.03.2026
06.59.28
ground that the same is barred by limitation, on the
contrary, application will have to be considered
bearing in mind the discretion that is vested with the
court in allowing or disallowing such amendment in
the interest of justice.
Pankaja & Anr vs Yellappa (D) By Lrs. & Ors on 5 August, 2004
In Pankajav vs. Yellappa, 2004 (6) SCC 415, the Apex Court has held
as under:-
Life Insurance Corporation Of India vs Sanjeev Builders Private Limited on 1 September, 2022
32. After relying on all these judgments, the Apex Court in Life Insurance
Corporation of India v. Sanjeev Builders Private Limited, 2022 (16) SCC 1,
has observed as under:-
Article 58 in Constitution of India [Constitution]
Mr. Vijay Gupta vs Mr. Gagninder Kr. Gandhi & Ors. on 4 July, 2022
(See Vijay Gupta v. Gagninder Kr. Gandhi [Vijay
Gupta v. Gagninder Kr. Gandhi, 2022 SCC OnLine
Del 1897] .)" (emphasis supplied)