Code of Civil Procedure, 1908–Order 6, Rule 17 & Order 19, Rule 1–Amendment in written statement at appellate stage–Whether it was obligatory on part of first appellate Court to frame the additional issue ?–Held, no–Additional plea taken in amended written statement and rejoinder was already covered by the issue no. 1–First appellate Court gave the liberty to parties to produce additional evidence by filing the affidavit and documents–Procedure adopted by first appellate Court cannot be held to be faulted–Further, appellant-tenant can not be allowed to say that he was not allowed to lead oral evidence because he cross-examined the defendant.
