Code of Civil Procedure, 1908–Order 6, Rule 17 & Order 23, Rule 3–Amendment on plaint–Permission for–Granted by High Court–Justification–Suit for partition was at the fag end–By way of amendment, plaintiff sought the relief of declaration of the earlier compromise decree null and void–It would certainly change the nature of the suit and it would cause prejudice–Any right accrued to the opposite party cannot be taken away on account of delay in filing the application–A fresh suit for challenging the compromise decree was not maintainable–Further, the relief sought by way of amendment was time barred–Impugned order is liable to be set aside.
