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Issues: (i) Whether findings of fraud and ante-dating of the gift deed could stand when those pleas were not raised in the pleadings, were not the subject of evidence, and were not covered by the issues framed; (ii) Whether the appellant could be permitted, at the appellate stage, to amend the written statement so as to introduce fresh pleas of fraud and ante-dating.
Issue (i): Whether findings of fraud and ante-dating of the gift deed could stand when those pleas were not raised in the pleadings, were not the subject of evidence, and were not covered by the issues framed.
Analysis: The written statement did not set up a case that the gift deed was executed fraudulently to defeat creditors or that it was in fact executed after the sale deeds. The issues framed also did not include any such specific plea. No evidence was led to meet those allegations, and the respondents had no opportunity to explain the circumstances relied on later. Findings based on such unpleaded and unproved matters could not be sustained.
Conclusion: The findings of fraud and ante-dating were rightly set aside and could not be sustained.
Issue (ii): Whether the appellant could be permitted, at the appellate stage, to amend the written statement so as to introduce fresh pleas of fraud and ante-dating.
Analysis: An amendment may be allowed where it is only a different approach to the same facts already pleaded, but not where it introduces an entirely new case or new cause of action, especially after limitation has run. The proposed amendment would have introduced wholly new pleas of fraud and ante-dating at a late stage, after the respondents had already been denied an opportunity to meet them in trial.
Conclusion: The appellant was not entitled to amend the written statement to raise those new pleas.
Final Conclusion: The appeal succeeded only to the extent that the High Court's interference with the unsupported findings was affirmed in principle, and the appellant obtained no relief; the challenge to the remand order failed and the dismissal of the appeal followed.
Ratio Decidendi: A finding on fraud or ante-dating cannot be sustained, and a new plea cannot be introduced by amendment at a late stage, unless the material facts are pleaded, the issue is tried, and the opposite party has a fair opportunity to lead evidence.
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