A alleging that B hired cargo boats from him and that a balance of Rs 3 000 is due to him on that ac...........

Civil Procedure Code (CPC) 1908 Claims

A alleging that B hired cargo boats from him, and that a balance of Rs 3,000 is due to him on that account, sues B for the amount. It is proved at the hearing that B did not himself hire the by calming an account from B on the footing that B was A’s agent.

The amendment should not be allowed because of the legal relation between A and B is that of letter and hirer

The amendment should not be allowed because in the one case the legal relation between A and B is that of principal and agent

Both (A) or (B)

None of these

छोटे Courses बड़े Results

Master Claims

Prepare through Micro-courses

Try Now

Explanation:

- Option 1: Says amendment should not be allowed because the relation is that of letter (likely "lessor") and hirer. This means the suit is based on a direct hiring contract.

- Option 2: Says amendment should not be allowed because the relationship is principal and agent. Here, it implies the claim is based on agency, not direct hiring.

- Option 3: Both (A) or (B). This would mean both reasons are valid.

- Option 4: None of these.

The actual legal principle is that amendment should not be allowed if it changes the fundamental nature of the claim—like shifting from a contract of hire to an agency relationship. You can't switch the legal basis of a claim midway.

So, the correct answer is:

Option 2: The amendment should not be allowed because in the one case the legal relation between A and B is that of principal and agent.