Code of Civil Procedure, 1908–Order 6, Rule 17 & Order 41, Rule 23–Additional issue was framed by appellate Court and case was remanded to trial Court to record evidence on that issue–While dealing the additional issue, application under Order 6, Rule 17 filed by defendant was allowed by trial Court and he was permitted to amend the pleadings Whether justified?– Held, no–Trial of case had already been completed and trial Court was only to record the evidence in respect of additional issue–Hence amendment in written statement was neither required nor could be allowed–Order deserves to be set aside.
