Code of Civil Procedure, 1908–Order 6, Rule 17–Application for amendment in pleadings at the stage of defendant’s evidence–Rejection by trial Court–Justification–Suit for eviction–Ground of petitioner-defendant that the plaintiff raised construction over the first and second floor of suit shop and put a sign board of “To let”–This fact was not controverted by the plaintiff in reply of application–It is not the case of plaintiff that the board was put by him long back–Circumstances of case revealing that the amendment application was filed without causing any delay–Impugned order passed by trial Court would cause a manifest failure of justice–Application deserves to be allowed.
