MUKTI NARAIN PRASAD Vs. MAN NARAIN SHARAN

JUDGEMENT

(1.) HEARD Mr. Yogendra Prasad Sinha, learned counsel for the petitioner and Mr. Shashi Shekhar Dwivedi, learned senior counsel tor the opposite party.

(2.) THE present application has been tiled by the defendant -petitioner being aggrieved by an order by which the amendment of plaint, as sought for by the plaintiff, has been allowed. I may mention that the trial has not yet begun in the suit.

(3.) THE defendant -petitioner asserts before this court that in terms of Order iX, Rule 4 of the Code of Civil Procedure the remedy open to the plaintiff was either to pray to recall of the order dismissing the suit by an appropriate application before the said court or file a fresh suit, subject to limitation, for the same relief.