By medium of this application the applicant has sought an amendment of the plaint on the ground that it gathered knowledge of the fact that the policy dated had not ... been challenged in the suit reference observation whereof finds mention in the judgment under challenge passed by the first appellate court while deciding the appeal It is further averred that the applicant had given complete narration with respect to the matter in controversy to its counsel and being not well conversant with the intricacies nitty gritty of the pleadings in good faith relied on the expertise of its counsel that its case has been properly drafted However fact of not challenging the policy dated has adversely effected the interest of the plaintiff which has come to its knowledge only after passing of the judgment by the first appellate court