VidhiSangh

Supreme Court of India · 24/10/2017

LIFE INSURANCE CORPORATION OF INDIA versus SANJEEV BUILDERS PVT. LTD. AND ORS.

[2017] 10 S.C.R. 208 · 2017 INSC 1050

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Summary

In a long-pending commercial suit for specific performance, an alleged assignee sought addition as a plaintiff after 27 years without explaining the delay. The Court held that leave to continue under Order XXII Rule 10 required judicial discretion and could not defeat the defendant’s accrued defences. It set aside the impleadment and amendment order.

Issues

  1. Whether the impleadment order was appealable under Clause 15 of the Letters Patent.
  2. Whether the alleged assignment justified leave and amendment after the unexplained delay.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and Chamber Summons 187 of 2014 seeking impleadment and amendment dismissed; no costs.

Judgment PDF: Supreme Court of India, [2017] 10 S.C.R. 208.