Code of Civil Procedure, 1908–Order 6, Rule 17 & Order 8, Rule 1A(3) r/w. 151–Rejection of applications–Observation of appellate Court that the proper opportunity was not afforded to the petitioner-defendant to adduce his evidence–Original defendant was continuously ill and he was illiterate and had no understanding about the Court proceedings–Therefore, the fact sought to be brought by way of amendment could not be introduced in written statement–Further observation of appellate Court that the counsel of defendant did not put forward the case properly–Document produced and averments sought to be produced are relevant to decide the real controversy–Both the applications are liable to be allowed.
