RAJA VATCHAVAYYA SIMHADRI JAGAPATIRAZU GARU, ZAMINDAR Vs. SRI RAJA GODAY NARAYANA GAJAPATHI RAYANAM GARU, BY HIS DEVAN AND MUKTIAR KONDEPUDI PETHAKAMARAZU PANTULU GARU

JUDGEMENT

(1.) The preliminary objection is taken that no appeal lies and I think that it must prevail. The order appealed against permitted the plaintiff to add a prayer for an injunction in addition to other reliefs mentioned in the plaint as it originally-stood. This was done before the written statement was filed.

(2.) With reference to the objection taken to the amendment in the written statement, the Subordinate Judge raised the first issue, viz., whether any material alteration was made in the original plaint and if so, whether the suit is not cognizable by him. He decided the issue in the negative and it is from this finding on the issue the appeal purports to be made.

(3.) No appeal lies from the decision on the first issue under Section 588. I am unable to assent to the suggestion made by appellant's pleader that the decision may be treated as equivalent to an order mentioned either in Clause 4 or 6 of Section 588, Civil Procedure Code.