https://www.taxtmi.com/caselaws?id=172743 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. en-us Thu, 07 Feb 1957 00:00:00 +0530 Fri, 28 Aug 2015 12:48:30 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=172743 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. Case-Laws Indian Laws Thu, 07 Feb 1957 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=172743