SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1998 Supreme(P&H) 1257

G.C.GARG
Melmo Agencies – Appellant
Versus
New India Assurance Company Limited – Respondent


Judgment

G.C.Garg, J.

1. This order will dispose of C.R. Nos. 2080 and, 2081 of 1993. These revisions are directed against the orders of Senior Sub Judge, Faridabad dated 29.3.1993, whereby applications moved by the plaintiff under Order 6 Rule 17 Code of Civil Procedure were dismissed.

2. Plaintiff-petitioner filed a suit for declaration with consequential relief and permanent injunction. The basic prayer in the suit was to recover compensation to the tune of Rs. 1,50,000/- along with interest from the date of filing the suit till realisation on the ground that the defendant, the New India Assurance Co. Ltd. Faridabad wrongly rejected the claim of the plaintiff under the Insurance Policy. The suit was filed in June, 1987 and the application seeking amendment of the plaint was moved in the year 1993. By way of amendment of the plaint, the plaintiff wanted to convert the suit into a suit for the recovery of Rs. 1,50,000/- and was ready to pay the ad valorem court fee on this amount. This application was opposed by the defendant by filing a reply. The trial Court on a consideration of the matter rejected the application by observing that there was no explanation for not moving such ap





Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top