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PETITIONER: L. J. LEACH AND COMPANY LTD.
Vs.
RESPONDENT: JARDINE SKINNER AND CO.
DATE OF JUDGMENT: 22/01/1957
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA BHAGWATI, NATWARLAL H. SINHA, BHUVNESHWAR P. DAS, S.K.
CITATION: 1957 AIR 357 1957 SCR 438
ACT: Amendment of plaint-Addition of alternative ground for claim --Necessary allegations Present in Plaint-Fresh suit on amended claim barred by limitation -Whether amendment should be allowed-Action in trover-when maintainable.
HEADNOTE: The appellants filed a suit for damages for conversion against the respondents on the allegations that the respondents were the agents of the appellants, that the- appellants had placed orders for certain goods with the respondents, and that the respondents had actually imported the goods but refused to deliver them to the appellants. The suit was dismissed on the findings that the parties stood in the relationship of seller and purchaser, and not agent and principal and that the title in the goods could only pass to the appellants when the respondents appropriated them to the appellants’ contracts. In appeal before the Supreme Court, the appellants applied for amendment of the plaint by raising, in the alternative, a claim for damages for breach of contract for nondelivery of the goods. All the allegations necessary fo...