Amendment in written statement at appellate stage

Varun Mittal (Querist) 16 October 2016 This query is : Resolved
whether amendment of written statement can be permitted by appellate court to raise a plea that the suit was barred by limitation. Please refer some new citation of Honourable supreme Court and Allahabad High Court.
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Ms.Usha Kapoor (Expert) 17 October 2016
As per leading
supreme Court Decisions amendment of written statement is allowed liberally even at appellate stage under Order 6 Rule17 unless it involves a plea of limitation which bars the defendants claim. A right which has accrued -the period of limitation if taken away by allowing amendment would bar the defense of the defendant on the ground of limitation cannot be taken away by allowing the amendment. see the following information quoted in Apex court decision.
Amendment of pleadings at an appellate stage:-
In North Eastern Railway Administration, Gorakhpur V. Bhagwan Das (D) by L.Rs., 2008 AIR SCW 3159, the Court held that amendment of pleadings at an appellate stage is permissible if it does not cause injustice to other party and is necessary to determine the question in contravention.
In Nagappa Vs Gurudayal Singh & Ors., AIR 2003 SC 674, the Supreme Court held that amendment can be allowed even at an appellate stage in a case where the law of limitation is not involved and the facts and circumstances of the particular case so demand, in order to do justice to the parties. The case involved therein was under the provisions of Sections 166, 168 and 169 of the Motor Vehicles Act, 1988 and as the Act does not provide for any limitation with respect to filing the claim petition, the amendment at the appellate stage was allowed. A right accrued in favour of a party by lapse of time cannot be permitted to be taken away by amendment. Amendment can also be allowed at the appellate stage. Introduction of an entirely new case, displacing admissions by a party is not permissible. (See: Pirgonda Hongonda Patil V. Kalgonda Shidgonda Patil & Ors., AIR 1957 SC 363; Nanduri Yogananda Laxminarsimhachari & Ors. V. Sri Agasthe Swarswamivaru, AIR 1960 SC 622; M/s Modi Spinning & Weaving Mills Co. Ltd. V. M/s Ladha Ram & Co., AIR 1977 SC 680; Ishwardas V. State of M.P., AIR 1979 SC 551; and Mulk Raj Batra V. District Judge, Dehradun, AIR 1982 SC 24).
As was observed in Kankarathanammal V. V.S. Longanatha Mudaliar & Anr., AIR 1965 SC 271; and M/s. Ganesh Trading Company V. Mauji Ram, AIR 1978 SC 484, amendment Application can be moved at any stage of the proceedings, even at the appellate stage.If you appreciate this answer please click the thank you button on my profile.

Devajyoti Barman (Expert) 17 October 2016
Though the appeal is continuation of suit and hence provision of amendment is applicable is applicable in appellate stage also, the point of law is generally allowed even at later stage if its foundation is made in the plaint.
So apply for same.
For citations you have to take professional help.