Rejection Of Amendment Application On Grounds Of Limitation

Introduction

Largely, under the provisions of Civil Procedure Code, 1908 any party is permitted to amend its pleadings in order to bring out the true and correct facts necessary for determining the real question in controversy and generally the Courts have adopted a liberal approach in allowing them to do so, so as to ensure that no material fact is left out while determining the matter in issue.

In the case of Chander Kanta Bansal V. Rajinder Singh Anand, AIR 2008 SC 2234, the Hon'ble Supreme Court held that amendments may be allowed liberally but it should not cause injustice or prejudice of an irremediable nature to the other party. On one hand, where allowing amendments seems just and reasonable there have been cases in which the parties have sought to make Amendments with malafide intent, at a belated stage, in the proceedings, so as to either bring a time-barred cause of action within the statute of limitation or to expand the scope of the said matter which