Bhavya (Kumari) vs. Addl. District & Sessions Judge, No. 3, Jaipur Metropolitan, Jaipur & Anr.

Code of Civil Procedure, 1908–Order 6, Rule 17–Application for amendment in plaint–Dismissed–Justification–Suit for partition, permanent injunction and declaration–Plaintiff sought the specific performance of memorandum of understanding–Execution of memorandum of understanding was admitted by defandant–Nature of suit will not be changed–No new case was tried to be introduced by plaintiff–Held, application ought to be allowed.