JUDGMENT :- This appeal neither calls for an elaborate judgment nor a detailed discussion of the point involved in the appeal. We do not propose to give exhaustive reasons in support of our decision for in our opinion decisions on the subject are legion and we consider it unnecessary to refer to them in details.

2. Appellant-plaintiff filed Title Suit No. 122 of 1978. in the Court of 3rd Munsif at Patna for a declaration that he is entitled to withdraw a certain amount deposited by the second defendant in the Court. Two respondents were impleaded as defendants in the plaint. Appellant-plaintiff had described himself as the son of uterine brother of Rama Shankar Prasad. Subsequently Plaintiff moved an application for amendment of the plaint inter alia seeking deletion of the word Uterine from the plaint. The Trial Court granted the application for amendment. First respondent preferred C. R. No. 921 of 1980, in the High Court of Judicature at Patna. The learned Judge of the High Court after setting out the history of litigation allowed the revision application of the first respondent observing as under :-

"I however feel satisfied at least to this extent that in view of the legal posit