Declaratory relief without asking consequential relief - during appeal filed amendment for consequential relief - amendment time barred - not maintainable

Citation

AIR 1996 SUPREME COURT 642

SUPREME COURT

(From : Himachal Pradesh)* K. RAMASWAMY, J. and S. SAGHIR AHMAD, J.

Civil Appeal No. 10337 of 1995 (arising out of S.L.P. (C) No. 6 of 1992), D/-9-11-1995

Muni Lal v. The Oriental Fire and General Insurance Company Ltd. and another

Civil P.C. (5 of 1908), 0.6 R.17 - Specific Relief Act (47 of 1963), S.34 Proviso - Amendment of plaint Permisibility - Truck owner, on not returning of truck, merely asking for declaration that he is entitled to payment for loss of truck but not seeking consequential relief of payment of quantified amount Permission sought in appeal to amend plaint to include unsought relief - Relief becoming time barred at that stage - Plaintiff, appellant cannot be permitted to amend plaint after suit for relief in question was barred by time during pendency of proceedings.