HARI LAL AGRAWAL, J.

1. The short question of law involved in this miscellaneous appeal is as to whether a Court not having jurisdiction over the suit itself, can allow amendment of plaint.

2. The suit in question was filed in the first Court of the Subordinate Judge at Arrah for partition of certain joint family properties. Undisputedly all the immoveable properties sought to be partitioned were situated in the district of Balia in Uttar Pradesh, barring a savings bank account in the State Bank of India at Arrah branch. It appears that a question of maintainability of the suit was raised by the office and thereupon the plaintiffs filed a petition on 15-5-1970 for amendment of the plaint which was allowed. The question of jurisdiction was then taken up by the Court below and by order dated 18-5-1970, the Court recorded the following order: (sic)

"... ... .. ... it appears that plaintiff has amended their plaint by including a building situated within the Arrah town which lie within the jurisdiction of the Court. In the circumstances let the plaint be admitted subject to the objection, if any, raised by the defendants."

When the defendants appeared, defendant No. 6 raised th