( 1 ) THIS Rule was obtained against order No. 113 dated January 10, 1974 in Money Suit No. 209 of 1963. It appears that the plaintiff instituted the suit on December 12, 1963 claiming (a) a sum of Rupees 4981. 09 for removing silted earth; (b) an amount of compensation for Rs. 500/- as defendant's employee and (c) a salary for two months from June 6, 1962 to August 6, 1962 at the rate of Rs. 120/- for Rs. 240/ -. In all the claim thus was laid at Rs. 4572. 34 giving a credit of Rs. 1142 towards payment of claims (a) and (b) above. It appears that the trial of the suit commenced as early as February 4, 1967 and thereafter on the defendant's application in course of hearing two new issues were framed on February 12, 1973. Issues Nos. 6 and 7 so framed are as follows; " (6) Is the plaintiff's claim regarding Rs. 500/-and Rs. 120/- (?) mentioned in paragraphs 3 and 5 of the plaint are cognizable by this Court (7) Is the plaint liable to be returned. " This order framing additional issues was not challenged by the plaintiff and the issues were taken up for hearing on January 10, 1974 and by the impugned order the learned Munsif held that the two claims mentioned