Pleadings amendment after limitation may still be allowed where no new cause of action is introduced and no irremediable prejudice follows.

Amendment of pleadings may be permitted at the appellate stage even after limitation has expired where the proposed change does not introduce a new cause of action, does not alter the nature of the relief, and is necessary to decide the real controversy. The mere fact that a fresh suit on the amended claim would be time-barred does not by itself defeat amendment. The controlling consideration is whether the opposite party can still be placed in the same position, with costs if appropriate, and whether any prejudice is irremediable. On the facts, the amendment was allowed because the defect was formal rather than substantive and the defendant was not taken by surprise.

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Issues: Whether the plaint could be amended at the appellate stage despite expiry of limitation, and whether such amendment would impermissibly prejudice the defendant by taking away an accrued defence.

Analysis: The right to amend pleadings is discretionary, and the mere fact that a fresh suit on the amended claim would be time-barred does not by itself prevent amendment. The controlling inquiry is whether the amendment is necessary to determine the real controversy and whether the opposite party can be placed in the same position as if the pleading had originally been correct, with compensation in costs where appropriate. On the facts, the proposed amendment did not introduce a new cause of action or alter the nature of the relief claimed, and the defendant was not taken by surprise. The defect was in the form of the plaint rather than in the substance of the claim.

Conclusion: The amendment was properly allowed, and the objection based on limitation did not bar the exercise of discretion in the circumstances. The appeal fails.

Ratio Decidendi: An amendment of pleadings may be allowed even after limitation has expired if it does not introduce a new claim, does not cause irremediable prejudice to the other side, and is necessary for deciding the real controversy between the parties.

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