Liberal amendment of pleadings will not be interfered with on appeal absent serious prejudice or irreparable loss.

Amendment of pleadings in a company petition should be allowed liberally unless it causes serious injustice or irreparable loss to the other side. Here, the amendment did not change the petitioner's description, and the maintainability objection to the winding-up petition was kept open for the company court. As the matter was at an interlocutory stage and no ground for appellate interference with the discretionary amendment order was shown, the High Court declined to interfere under section 483 of the Companies Act, 1956.

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Issues: Whether the order allowing amendment of the petition called for interference in appeal under section 483 of the Companies Act, 1956.

Analysis: The amendment did not alter the description of the petitioner and the objection as to maintainability of the winding-up petition was left open for consideration before the company court. Amendment of pleadings is to be allowed liberally unless serious injustice or irreparable loss is shown to the other side. At the interlocutory stage, no ground was made out for appellate interference with the discretionary order allowing amendment.

Conclusion: The appellate court declined to interfere with the order allowing amendment and held that the appeal was liable to be dismissed.

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