Code of Civil Procedure, 1908–Order 6, Rule 17–Limitation Act, 1963–Order of allowing the amendment in plaint–Under challenge–Suit for partition–Ground of petitioners that the proposed amendment is barred by limitation since they had disclosed the factum of Will in their written statement–Issue in respect of limitation to challenge the Will cannot be construed as a pure question of law but same is a mixed question of facts and law–Further, the suit is at the initial stage of trial and character of suit will not be changed–Proposed amendment is material and relevant–Held, no case is made out for interference.
