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    <title>1971 (3) TMI 114 - Supreme Court</title>
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    <description>Fraud and ante-dating findings cannot stand where those allegations were not pleaded, were not covered by the framed issues, and were not supported by evidence, because the opposite party must have a fair opportunity to meet the case. The Court also noted that an appellate-stage amendment of the written statement cannot be used to introduce a wholly new plea of fraud or ante-dating, particularly after the trial has closed and limitation concerns arise. A proposed amendment is permissible only when it expands an existing factual case, not when it changes the defence into a new one.</description>
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    <pubDate>Wed, 03 Mar 1971 00:00:00 +0530</pubDate>
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      <title>1971 (3) TMI 114 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=168907</link>
      <description>Fraud and ante-dating findings cannot stand where those allegations were not pleaded, were not covered by the framed issues, and were not supported by evidence, because the opposite party must have a fair opportunity to meet the case. The Court also noted that an appellate-stage amendment of the written statement cannot be used to introduce a wholly new plea of fraud or ante-dating, particularly after the trial has closed and limitation concerns arise. A proposed amendment is permissible only when it expands an existing factual case, not when it changes the defence into a new one.</description>
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      <pubDate>Wed, 03 Mar 1971 00:00:00 +0530</pubDate>
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