( 1 ) A suit was filed by the plaintiff-respondent Gulam Abdul Qadir Alvi against the petitioner for injunction and declaration as Sajjada Nashin of Khankah faizul Rasool. The plaintiffs case is that after the previous Sajjada Nashin died there was an election by the Executive Committee in which the plaintiff respondent was elected as Sajjada Nashin. The plaintiff-respondent filed an application for amendment of the plaint to challenge the Will said to have been executed by the alleged previous sajjada Nashin on 24-12-1991 in favour of the defendant petitioner. By order dated 5- 4-2003 the amendment application has been allowed by the trial Court. A revision against that order filed by the petitioner was dismissed on 26-8-2003.

( 2 ) LEARNED counsel for the petitioner has made two submissions. Firstly, the amendment sought, changes the nature of the suit and secondly it is time barred as the plaintiff had knowledge about the Will. The contentions may be dealt with in the order in which they have been made. I am not inclined to hold that the nature of the suit would change. The case of the plaintiff is that the office is elective and he is Sajjada nashin on the bas