Code of Civil Procedure, 1908–Order 6, Rule 17–Application under–Allowed–Merely because the nature of suit would be changed consequent to the amendment sought, the application can not be turned down, particularly when dismissal of the application for amendment would lead to multiplicity
of litigations on the one hand and on other hand, it will result in failure of justice–Respondents moved the application as soon as they realized that the defendants are asserting their rights on the basis of will–The challenge to will is incidental and is not barred by limitation–Held, no infirmity or error of
jurisdiction is found in the impugned order.
