PARADIP PORT TRUST Vs. MISRILAL MINES PVT LTD

JUDGEMENT

(1.) THE plaintiff has approached this Court for revision of an order, passed by the trial Court, rejecting its application for amendment of the plaint.

(2.) PARADIP Port Trust is a body corporate under the Major Port Trust Act, 1963 and has barges in the port area. The defendant -opposite party is a company carrying on business of raising and export of ores through Paradip Port. It has been alleged that the defendant -opposite party hired some barges of the Port Trust for loading of ores in the ships. Barge No. 30 was one such. Under the agreement entered into, the defendant was liable for damage of and loss to the barge. Barge No. 30 capsized and sunk on 7. 3. 1975 due to the fault in loading by and/or negligence of the defendant. The Port Trust thereafter called upon the defendant to pay a sum of Rs. 1,50,000/ - for the salvage of and repairs to the barge. According to the Port Trust, the amount represented the estimated cost of salvage and repair. As the defendant paid no heed to the plaintiff, the suit was filed for recovery of a sum of Rs. 1,50,000/ - representing the estimated cost of salvage of and repairs to the barge.

(3.) THE defendant raised objection to the prayer for amendment urging that a new case was sought to be introduced by the amendment which would change the nature and character of the suit. The salvaging having been done by 19.6.1976, the claim for recovery of the amount incurred in the salvage operation was barred by limitation.