Sir, the property under question is not ancestral but came from Mr. X's grandmother. There is a Will of this grandmother where Mr. X's father was the major beneficiary which was not probated but is still available for Letters of Administration if required, though all witnesses are dead.
Mr. X's father did a compromise Family Settlement (unregistered) with his brother wherein he got slightly less than the Will but still around75% of the property to live and enjoy.Now Mr. X has seen plenty of citations on the internet that an unregistered Family Settlement can also be used to enforce partition on its basis. A landmark judgement in this is the one regarding Kale & Others vs Deputy Director Of Consolidation ... on 21 January, 1976.
Therefore Mr. X is thinking that it is sheer stupidity to ask the default partition basis in the beginning i.e. without any Family Settlement or Will. So, Mr. X now wants to amend his petition and ask for partition on the basis of Family Settlement which has been active for the past 50+ years.
But problem is that this advocate is saying that it will not be allowed by court due to the provisio to Order 6 Rule 17. Mr. X does not want to withdraw his case either. Hence this query in this forum.