(1.) The petitioner , who is the defendant in the suit is aggrieved by an order dated 23.2.1980, passed by the then Sub-Judge, First Class, allowing the amendment application under Order VI Rule 17 Code of Civil Procedure, moved by the plaintiff.
(2.) The facts in brief may be noticed:
(3.) The learned Sub-Judge vide the impugned order held that the plea now sought to be raised is not at all inconsistent with the earlier case set up by the plaintiff and it was only an elaboration and explanation to plaintiff's case which would help in solving the controversy between the parties and for effectual adjudication in the matter. The amendment, therefore, was allowed subject to cost of Rs.50.00 .