In Brief
A partition suit involved a dispute over a joint family property. The plaintiff sought to amend his pleadings to include an additional property that had been sold, but the trial court and High Court rejected the amendment application on grounds of limitation and procedural bar. The Supreme Court allowed the appeal, holding that where an amendment application is filed before evidence is actually led and the parties subsequently lead evidence on the amended pleadings without suffering prejudice, the amendment should be allowed. The Court clarified that limitation issues require substantive determination based on evidence and cannot be finally decided at the amendment stage, and remitted the case for final hearing.
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