Belated amendment of pleadings may be allowed when the limitation objection is disputed and the plaint already supports the relief.

A belated amendment of pleadings may still be allowed where it advances justice, reduces multiplicity of litigation, and is supported by the existing plaint averments. Delay alone is not a sufficient ground for refusal, and a limitation objection that is disputed or arguable should ordinarily be left for trial rather than decided at the amendment stage. Where the proposed declaratory relief rests on facts already pleaded and does not introduce a wholly different cause of action, the amendment can be permitted in the court's discretion. The discussion emphasises that limitation and the true scope of the relief require factual adjudication in the suit.

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Issues: Whether an amendment of the plaint seeking a declaratory relief could be allowed at a belated stage when the plea of limitation was disputed and the amendment was said to introduce a different relief.

Analysis: The power to allow amendment of pleadings is wide and is meant to advance justice and reduce litigation. Mere delay in moving the application is not by itself a ground for rejection. Even where limitation is raised as a bar, the court must examine the facts and circumstances and exercise discretion judiciously. If the amendment is supported by the existing pleadings and the question of limitation itself is arguable or disputed, the issue should ordinarily be left to trial rather than decided at the stage of amendment. The declaratory relief sought here rested on factual averments already found in the plaint, and the limitation controversy required adjudication in the suit.

Conclusion: The amendment could not be refused merely on the ground of delay or alleged limitation, and it did not amount to introduction of a wholly different relief. The amendment was therefore allowed.

Ratio Decidendi: A belated amendment of pleadings may be permitted where it subserves justice and avoids multiplicity of litigation, and a disputed limitation objection should not by itself defeat the amendment when the factual basis already exists in the plaint.

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