1. In a suit for possession of land measuring 21 kanals 10 marlas and for permanent injunction restraining the defendants from alienating the land by way of sale, exchange, gift etc., the plaintiff filed an application under Order 6, Rule 17 of the Code of Civil Procedure, 1908 seeking amendment of the plaint by making a prayer for declaring the judgment and decree dated 20-7-1993 passed in Civil Suit No. 135 of 6-2-1990 entitled Major Singh V/s. Balbir Kaur as null and void and ineffective against the rights of the plaintiff. The application for amendment was dismissed mainly on the ground that the same has been filed without explaining the alleged inordinate delay. It was further held that the proposed amendment of the plaint was likely to change the foundation of the suit by introducing the distinct cause of action.

2. I have heard the learned counsel for the parties and perused the record.

3. The purpose and object of Order 6, Rule 17, C. P.C. is to allow either party to alter or amend his pleadings in such manner and on such terms as may be just. The power to allow the amendment is wide and can be exercised at any stage of the proceedings in the interest of justice on