Code of Civil Procedure, 1908–Order 6, Rule 17–Amendment in plaint–Scope for allowing–Suit for partition–Plaintiff sought the amendment up to questioning the genuineness of the Will executed in favour of defendant–Plea of defendants that the time gap between submitting the written statement and presentation of the application for amendment in suit is unexplained–Trial has already been commenced and it would be stalled by way of a challenge to the framing of issues–This Court is of view that without determination of question of Will and it’s genuineness, the partition of the suit property would not be possible–If one of the parties, who will be affected by the Will coming into effect, challenges it on one ground or other, the process of succession cannot go forward without determination of the dispute regarding the Will–High Court rightly allowed the amendment application.
