Ramaswami, J.

1. These rules are directed against the order of the Second Munsif of Muzaffarpur refusing to amend the plaints filed in two money suits.

2. The petitioners brought two money suits claiming damages for non-delivery of consignment by the railway authorities. They impleaded, among others, the "Republic Government of India" as defendant No. 4. In response to the notice, the defendants duly appeared in court and filed a written statement. It was objected on behalf of the defendants that the suit was bad for non-joinder of necessary parties since the "Union of India" has not been impleaded. Thereupon the petitioners filed an application for amending the plaints in both the suits and prayed that on account of mistake the Union of India was described as the "Republic Government of India". The petitioners asked that the plaints should be amended and in place of the Republic Government of India the "Union of India" should be substituted. The learned Munsif rejected the application for amendment filed in the two suits.

3. In support of these rules Mr. Nandlal Untwalia argued that the learned Munsif committed an error of jurisdiction, for the petitioners had in such term