In Brief
This case concerns whether plaintiffs in a partition suit can amend their plaint 15 years after filing it to claim a prior partition had occurred in 1972. The suit was filed in 1993, and the plaintiffs knew of the 1972 partition deed at that time. They only sought amendment in 2008, when trial was nearly complete. The Supreme Court held that the amendment application was belated and not bona fide, as it fundamentally changed the suit's character from seeking partition to acknowledging prior partition. This would prejudice other family members opposing the amendment. The Court confirmed the High Court's rejection of the amendment, holding that applications to amend after trial commences require showing that due diligence prevented earlier amendment.
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