Code of Civil Procedure, 1908–Order 6, Rule 17–Prayer for amendment in plaint–Rejected–Petitioner failed to take due diligence and sought to incorporate the pleas after the delay of five years–His claim falls in the ambit of a time barred claim–Further, the original relief was for permanent injunction and now, he seeks to introduce a plea for a declaration of the agreement dated 28.05.1975 to be null and void, which amounts to a change in the nature of the suit–Held, no jurisdictional error, perversity or legal infirmity is found in the impugned order.
