( 1 ) THE petitioner instituted a suit for arrears of rent against two persons, Manindra Kumar Biswas and Rabindra Kumar Biswas who were described as being in possession of the estate of Nrisingha Kumari Dasi, deceased, as her heirs. These two persons appeared and filed a written statement stating that Nrisingha Kumari Dasi was alive and so they had no interest in the matter and were improper parties. Thereafter an application was filed by the present petitioner for amendment of the plaint. The amendment sought for in substance was that the names of Manindra Kumar Biswas and Rabindra Kumar Biswas should be struck out and Nrisingha Kumari Dassi, widow of late Mahitosh Biswas should be made the sole defendant. The learned Subordinate Judge refused this prayer for amendment in the view that such substitution of Nrisingha Kumari Dasi could not be made under the Civil Procedure Code.

( 2 ) IT is contended before us by the learned Advocate for the petitioner that the learned Subordinate Judge wrongly thought that the amendment prayed for could not be allowed. He has argued that it was proper to consider the prayer in two stages, namely, that first Nrisingha Kumari D