( 1 ) THIS is an appeal against an order passed by Datta J. on 10th April, 1962 whereby he dismissed an application made by the plaintiff for amendment of the plaint. The facts are shortly as follows: This appeal arises in connection with suit No. 659 of 1961 (Jardine Mills Agencies and another v. Neptune Navigation) which was filed by the plaintiff appellants in this Court on 1st of May, 1961 against the defendant respondents. The cause title as appearing in the original plaint was as follows: 1. Jardine Mills Agencies, a firm registered under the Indian Partnership Act and carrying on business at premises No. 4, Clive Row, Calcutta within the said jurisdiction.

( 2 ) ATLAS Assurance Co. Ltd. a Company duly incorporated in England with limited liability and also carrying on business at 4, Clive Row, Calcutta, within the said jurisdiction--Plaintiffs. Versus Neptune Navigation, a firm registered under the Indian Partnership Act and carrying on business at Premises No. 133, Canning Street, Calcutta, within the said Jurisdiction--Defendant. The subject matter of the plaint is as follows: It is stated that the defendant is a common carrier of goods for hire by inland navig