Monday, 27 April 2020

Whether court should allow amendment of pleading if claim for damages has become barred by limitation?

Reliance is placed by the learned counsel for the respondent/defendant on the decision of the Supreme Court in Pankaja MANU/SC/0590/2004 : (2004) 6 SCC 415 (supra) in support of his contention that there is no absolute bar that in every case where a relief is barred by limitation, an amendment should not be allowed. But it is of no assistance to the respondent/defendant. Even in Pankaja MANU/SC/0590/2004 : (2004) 6 SCC 415 (supra), the Supreme Court gave leverage to the Courts to exercise the discretion conferred upon them on a judicious evaluation of the facts and circumstances in which the amendment was sought. Where the delay had extinguished the right to make a claim, the same could not have been allowed. In paragraph No. 14 of its decision in Pankaja MANU/SC/0590/2004 : (2004) 6 SCC 415 (supra) the Supreme Court made it clear that two tests can be applied, viz., (i) whether the grant of amendment would sub-serve the ultimate cause of justice; and (ii) whether the amendment would avoid further litigation. If these two tests are applied, it will be clear that the case on hand would not pass these tests.

C.R.P. No. 6745 of 2018

Decided On: 10.04.2019

M.V. Ramana Rao  Vs.  N. Subash

Hon'ble Judges/Coram:
V. Ramasubramanian and Dr. Shameem Akther, JJ.

Citation: AIR 2020 Telangana 27
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