Belated counter-claim amendments may be refused when they reopen the trial and disturb rights already crystallised by decree.

A belated amendment to a counter-claim at the appellate stage may be refused even though amendment power is wide, because it remains subject to judicial discretion and must advance determination of the real controversy. Where issues have been framed, the trial has substantially progressed, and the proposed amendment would add a possession claim that reopens concluded stages, prolongs the suit, or unsettles rights already crystallised by decree, the amendment is not appropriate. The text states that the respondents' proper course was to file an independent suit for possession, and the trial court's rejection of the counter-claim was therefore upheld in substance.

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Issues: Whether the respondents could be permitted to amend the counter-claim at the appellate stage after issues had been framed and the trial had progressed, so as to add a prayer for possession of the suit property.

Analysis: The power to amend pleadings is wide and may be exercised at any stage, but it is controlled by judicial discretion and must serve the determination of the real controversy. A counter-claim may be introduced by amendment, but a belated counter-claim can be refused where it would reopen concluded stages of the suit, prolong the trial, or alter rights already crystallised by the decree. The trial court had rejected the counter-claim on the ground that the proper remedy for the respondents was an independent suit for possession, and that course caused no prejudice to them. Allowing the appellate amendment to add a possession claim would, in the circumstances, revive a stale claim and unsettle the decree already passed in favour of the appellant.

Conclusion: The amendment of the counter-claim ought not to have been allowed and the respondents were not entitled to introduce the possession claim at that stage; the trial court's rejection of the counter-claim was .

Ratio Decidendi: A counter-claim or pleading amendment may be refused when sought at a belated appellate stage if it would reopen the trial, disturb an existing decree, or is not necessary for deciding the real controversy.

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