genealogy given by Defendant No.1 in their written statement. Learned appellate Court holding that the sole question to be decided in the appeal is, whether Sambhu died issueless or left behind his legal representative, allowed the application under Order VI Rule 17 CPC thereby permitting the Plaintiffs/Opposite Parties to amend the plaint at the appellate stage. It is submitted that although no specific issue has been framed but while considering the issue No.(iv), learned trial Court has dealt with the aforesaid question with regard to succession of late Sambhu. Since it has been discussed and answered in the judgment passed in the suit, the correctness of the same can only be adjudicated at the time of hearing the appeal on the basis of the materials available on record. By incorporating the amendment, Plaintiffs/Opposite parties tried to patch up the lacunae in their case, which is not permissible in law. Learned appellate Court while entertaining the application for amendment has lost sight of the same and allowed the application. Hence, this CMP has been filed.
