1. This rule was obtained by the defendant Pramada Prasad Mukherjee against an order of the Subordinate Judge of Dhanbad dated 21-8-1952, refusing, in the first place, certain amendments which were sought to be made in the written statement, and directing, in the second place, court-fee to be assessed on certain items which the petitioner claimed by way of restitution.

2. The opposite party brought the suit on the allegation that on 28-6-1948, there was a Managing Agency Agreement which the parties entered into for a period, of seven years in respect of a colliery known as Ramkrishna Colliery located at. Mouza Pataibari. It was alleged in the plaint that the petitioner took a salami of Rs. 20000 and also a security deposit of Rs. 30000 from the opposite party. There was a further claim that the opposite party had paid the price of 120 tons of coal and the price of water tank amounting to Rs. 20020. The total claim of the opposite party was, therefore, a sum of Rs. 55000. The main allegation in the plaint was that the Managing Agency Agreement was obtained as a result of misrepresentation and fraud practised upon the opposite party. The opposite party prayed for rescission o