The plaintiff in O.S.No.265/1980 on the file of the Principal District Munsif, Ramachandrapuram is the appellant in this Second Appeal.

2. Plaintiff filed the snit for a declaration that he is the owner of the red marked portion shown in the plaint plan and for mandatory injunction for removal of the obstruction made in the D marked portion and P marked portion shown in the plaint plan on the Eastern lane and to restrain the respondent from opening a door way from the portions shown as D 1 or D2 in the plaint plan into the Eastern lane. Subsequently he sought the additional relief of a mandatory injunction to remove the Lavatory and bathroom constructed by the respondent in the lane, connecting the Marinavari Street and Chilikivari Street shown as S1 and S2 in the plaint plan. The respondent contested the suit. The appellant besides examining himself as P.W.1 examined two witnesses as P.W.2 & 3. The respondent besides examining himself as DW1 examined two other witnesses DWs.2 and 3 and marked Exs.B1 to B9. Exs.C1 to C3 are the Commissioner’s report and plan. The Trial Court partly decreed the suit without costs granting mandatory injunction for removal of the bathroom and lavatory shown as S1 and S2 in the plaint plan and dismissed the other reliefs sought by the appellant. Aggrieved by the mandatory injunction granted against him, the respondent preferred A.S.No. 1/1989 on the file of the Subordinate Judge, Ramachandrapuram. The appellant did not prefer any Appeal, or Cross- objections in A.S.No. 1/1989 in respect of the reliefs refused by the trial court. So the dismissal of the suit refusing to grant the other reliefs sought by the appellant became final. The first appellate court by the judgment under appeal allowed appeal of the respondent and dismissed the claim relating to mandatory injunction for removal of lavatory and bathroom shown as SI and S2 in the plaint plan. Hence this second appeal.

3. Heard both sides.

4. The contention of the learned counsel for the appellant is that since the application of the appellant seeking leave of the court to amend the plaint by including the relief of mandatory injunction of removal of the bathroom and lavatory shown as SI and S2 in the plaint plan was allowed, the amendment relates back to the date of the suit, and so the fact that the appellants did not make any amendment in the body of the plaint, as to when the cause of action for seeking the relief of mandatory injunction for removal of the bathroom and lavatory shown as S1 and S2 in the plaint plan, arose would be of no consequence, because the cause of action arose as on the date mentioned in the cause of action paragraph. It is also his contention that since the respondent did not prefer revision against the order allowing the amendment, that order became Final and so the respondent cannot be permitted to question the amendment at a later stage, He further contended that since the appellant, came to know about the constructions shown as S1 and S2 at a subsequent date, he could not seek the relief of mandatory injunction earlier and so the first appellate court erred in refusing the relief of mandatory injunction and dismissing the suit in toto.

5. It is no doubt, true that. when a petition for amendment is allowed normally it relates back to the date of the plaint. But the other contention of the learned counsel for the appellant that the respondent not questioning the order of the trial court allowing the amendment in the revision would preclude the respondent from questioning the same in an appeal, has no force. As long back as in 1960 the Supreme Court in SATYA DHYAN vs. SMT. DEO RAJIN DEBI (1) case held that an interlocutory order which had not been appealed from either because no appeal lay or even though an appeal lay no appeal was not taken, can be challenged in an appeal or the final decree or the order in the main proceeding. So the p