Amendment in the plaint

The plaintiff despite having full knowledge of objections kept on pursuing their remedy before a wrong forum for nearly about 9 years and then chose to file the suit before the District Judge when period of limitation had already elapsed — The conduct of appellants had been unfair, unjust, reprehensible and deplorable which does not entitle them to seek the amendment in the plaint especially to cover the bar of limitation — It is indeed correct that delay per se is no ground for refusing the application for amendment but at the same time if it is coupled with the unfair and unjust conduct of appellants and with a mala fide intention, such type of amendment cannot be allowed to circumvent the process of law. Mumtaz Hussain Khan and 5 others v. Muhammad Hussain and 3 others 2000 SCR 618 (B)
Its effect on cause of action — Plaintiff originally filed a suit for declaration of gift-deed later on he moved an application for amendment in the plaint with the prayer that in fact he sold the land through affidavit/sale-deed — According to the amendment now he wants to seek not only the declaration regarding the gift-deed in question but also in respect of affidavit/sale-deed null and void the so-called sale-deed/affidavit does not find any mention in the plaint as originally framed — It is well settled principle of law that any documentary evidence is to be produced before first hearing of the suit or the same must be included in the list of documents-Amendment will change the complexion of original suit as such could not be allowed. Fazal H. v. M.Munir 2001 SCR 472 (A)