CHAKRAVARTTI, C. J.

( 1 ) THIS is an appeal from an order of P. B. Mukharji, J. , dated 22/6/1955, by which the learned Judge allowed an amendment of the respondent's plaint. By that amendment, the original defendant in the respondent's suit, Which was shown as a firm, was converted into a company of the same name. The appellant before us which is the company so substituted as the defendant, complains that the amendment took away from it a valuable right which had accrued to it by efflux of time and, therefore, it ought not to have been allowed, particularly since-there were no special circumstances in the case entitling the respondent to the indulgence.

( 2 ) THE facts are as follows. The respondent is a firm, said to be carrying on business as a supplier of marbles and other flooring materials as also a contractor doing marble, mosaic and other flooring work. On 23/11/1953, the respondent instituted a suit on the Original Side of this Court for the recovery of a sum of Rs. 5,989-13-6 for work done and labour and materials supplied against "m. B. Sarkar and sons, a firm carrying on business as jewellers at Nos 167 and 167c, Bowbazar Street. Calcutta. " The plaint stated that the

Click Here to Read the rest of this document