JUDGMENT :

R.C. Lahoti, CJI.

Leave granted.

2. After permitting an amendment in the plaint, the trial court refused to hear an application under Order 1 Rule 8 of the C.P.C. filed by the plaintiffs on the ground that such an application could not be entertained at that stage.

3. Order 1 Rule 8, C.P.C. does not prescribe any stage at which the application can be filed. In our opinion, the trial court ought to have heard and decided the application on its own merits without regard to the stage at which it was filed. The error committed by the trial court should have been corrected by the High Court.

4. The appeal is allowed. The impugned order of the High Court dated 13.10.1997 and the order of the trial court dated 12.11.1996 are both set aside. The application under Order 1 Rule 8, C.P.C. shall be heard and decided on its own merits by the trial court.