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1996 Supreme(Kar) 462

M.F.SALDANHA
HOYSALA BLOW MOULDERS (INDIA) LIMITED, BANGALORE – Appellant
Versus
SURATH GOODS TRANSPORT SERVICE, BANGALORE – Respondent


M. F. SALDANHA, J.

( 1 ) THE petitioner who is the plaintiff had filed a suit against the transport Company who is the defendant to the original proceeding as a dispute had arisen in relation to the alleged non-delivery of certain material that was consigned to Madras. The prayer clauses in the suit basically concerned a relief of a mandatory injunction and no alternative prayer for damages had been set out. The suit in question was filed in the year 1989 and I. A. III was taken out in the year 1992 for amendment of the plaint. By this amendment, apart from some factual averments prayer (e) was sought to be added claiming damages from the defendant. This was opposed by the other side and the learned trial Judge has dismissed I. A. III on the solitary ground that the relief is time barred. The present civil revision petition is directed against that order. Petitioner's learned Advocate has seriously assailed the correctness of the order because he submits that no new case has been made out and that the relief asked for is only an ancillary to the main relief and is basically an alternate prayer which the law itself contemplates. He seeks to place reliance on the provisions of Section







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