Code of Civil Procedure, 1908–Order 6, Rule 17 & Sec. 100–Amendment in written statement at the stage of second appeal–Scope for granting the permission–Proposed amendment was in knowledge of the defendant at the time of filing the written statement–No averment that in spite of due diligence, the appellant-defendant could not introduce the proposed pleadings in the written statement–Whole structure of suit would be changed and a de novo trial would be required by allowing the amendment–Appellant cannot be allowed to change his defence or add any new defence–Application deserves to be dismissed.
