Code of Civil Procedure, 1908–Order 6, Rule 17–Rejection of application on the ground that the facts in question were not raised before framing the issues–High Court was also viewed that the amendment would not change the nature of the suit, however, it cannot be allowed after the commencement of trial–Record of civil suit in which the ex-parte decree was passed is not traceable–There could possibly be some inability in obtaining correct particulars well in time on part of appellants–Application deserves to be allowed.
