Code of Civil Procedure, 1908–Order 6, Rule 17–Rejection of application–Justification–Plaintiff sought to amend his plaint in the suit for permanent injunction by including the relief of mandatory injunction on the ground of subsequent event of his dispossession–Neither the issues have been framed nor the trial has been commenced–Held, the application ought to be allowed by trial Court–Further held, the alternative process to withdraw the suit with liberty to filing fresh would be more cumbersome with service on the defendant in the freshly constituted suit being required afresh resultant delays–Application deserves to be allowed.
