M/S. C.S. COMPANY AND ORS. versus KERALA STATE ELECTRICITY BOARD

M/S. C.S. COMPANY AND ORS. versus KERALA STATE ELECTRICITY BOARD

There is neither change of cause of action nor introduction of any new cause of action after the bar of limitation; the amendment is based on the original contract and relief sought and hence, is permissible.

Parties
Petitioner: MIS. C.S. COMPANY AND ORS.; Respondent: KERALA STATE ELECTRICITY BOARD
Jurisdiction
India
Judgment Date
29 October 1996
Procedural Posture
Special Leave Petition (civil) / Supreme Court Order on SLP Appeal From High Court
Outcome
Petition dismissed
Legal Topics
Amendment of Plaint, Limitation, Settlement of Accounts, Damages
Civil Procedure Amendment of Plaint Limitation Settlement of Accounts Damages

Case Brief

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Parties

MIS. C.S. COMPANY AND ORS.

Petitioner

KERALA STATE ELECTRICITY BOARD

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Order on SLP Appeal From High Court

Legal Issues

  1. 1 Whether amendment of plaint to convert a suit for settlement of accounts into one for damages after quantifying the amount constitutes a change or introduction of a new cause of action after the bar of limitation.

Ratio Decidendi

There is neither change of cause of action nor introduction of any new cause of action after the bar of limitation; the amendment is based on the original contract and relief sought and hence, is permissible.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed.