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Judgment
Muthusami Aiyar, J.—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.
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.
No appeal lies from the decision on the first issue u/s 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.
I dismiss this appeal with costs.