( 1 ) THIS Rule is directed against an order, being Order No. 25 dated 23. 6. 79 passed by Sri M. R. Mullick, Judge, City Civil Court, Calcutta, allowing the application for amendment of plaint. Before I deal with the points taken by the learned Advocates on both sides, the facts of the case may be stated as follows: - The plaintiff opposite party filed a suit for declaration that the defendant petitioner, Association is not entitled to be registered under the Societies Registration Act, 1961 as it is compulsorily registrable under the Companies Act, as such it is an illegal association and, accordingly it is carrying on business illegally. The plaintiff-opposite party also prayed for mandatory and permanent injunction in the suit. The suit, being numbered as Title Suit No. 1523 of 1977, was registered in the City Civil Court at Calcutta. On 30th September, 1977, the plaintiff-opposite party made an application for injunction in the said suit for restraining the defendant petitioner from transacting the business of the said society and/or carrying on its affairs as a society under the Societies Registration Act and for a direction upon the Registrar of Societies