Case Name : LJ Leach & Co Ltd & Anr vs Jardine Skinner & Co Case Reference: 1957 SCR 438 Case Number: CA No. 219/1953 Court: Supreme Court Bench: 04 Coram: NH Bhagwati, TL Venkatarama Ayyar (Author), BP Sinha, SK Das Date: 22.01.1957
Courts should 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.
Justice of a case may require that amendment be granted. Despite issue of limitation as above.
– Refer also: Charan Das vs Amir Khan, (1920) 47 IA 255 {Privy Council} & Kisan Das vs Rachappa, (1909) ILR 3 Bombay 644: Full power to make amendment cannot be disputed, though such power should not (as a rule) be exercised where the effect is to take away from a defendant a legal right which has accrued to him by lapse of time. Yet there are cases where such considerations are outweighed by special circumstances of the case.
See also: CPC - Order VI rule 17