Civil Procedure Code, 1908
Order 6 Rule 17—Amendment to written statement—Setting aside of decree granted by the trial court—Challenged—A decree granted by trial court could not have been set aside merely because there was an amendment to the written statement made by the first defendant and in the absence of any evidence being let in support of the claim made by the respondent on the basis of written statement—Any averment made in a plaint or written statement must be supported by evidence—Impugned order set aside and matter remanded to the First Appellate Court for consideration afresh in accordance with law—Appeal allowed.
[Paras 15 to 17]