1. The Petitioner- Original Defendant has challenged the impugned order dated 7th July, 2008 passed by the Appellate Bench of Small Causes Court at Bombay, whereby, against an order in interim notice 2014/2007 dated 08/02/2008, passed by the learned Trial Judge, has allowed an amendment application to the plaint by holding that the Revision is tenable.

2. The application for amendment to give better particulars of subsequent developments in consonance with the pleadings already made in the plaint was moved by the Respondent-Plaintiff. The same was rejected by holding that it is inconsistent and contrary to the averments already made in the plaint and it would cause prejudice and injustice to the other side. The pleadings are completed and the issues are framed. But, no affidavit in lieu of examination-in-chief filed, when the present application for amendment was moved. The Respondent’s- Plaintiff’s Revision Application against the said order was opposed by contending that the Revision under such interlocutory order is not tenable and also on the ground that it substantially affects the rights of the Plaintiff.

3. The relevant Secti