( 1 ) THIS application under S. 115 of the Civil P. C. filed at the instance of the plaintiff is directed against Order No. 108 dt. Nov. 19, 1984 of the learned Assistant District Judge, Bankura passed by him in Title Suit No. 34 of 1973.

( 2 ) THE said suit has been filed by the plaintiff for a declaration that he is a partner of a partnership firm having one-fourth share therein and carrying on business of the husking mill in question. He has also prayed for appointment of a Commissioner for accounts and for other incidental reliefs.

( 3 ) THE defendants opposite parties entered appearance in the suit and contested the same by filing a written statement. It was inter alia contended by them that the husking mill in question was owned and possessed by the opposite party 1, and the petitioner and the opposite parties 2 and 3 had no right, title and interest in the said husking mill business.

( 4 ) WHILE arguments were being advanced by the parties at the first hearing of the suit, the defendant opposite party 1 filed an application under O. 6, R. 17 of the Civil P. C, praying for amendment of the written statement for incorporating therein a statement to the effec