( 1 ) BY this petition the petitioner has challenged theorder dated 12/09/1985, passed by Shri Shiv Charan, Sub Judge,1st Class, Delhi, whereby the application of the plaintiff under Order 6 Rule17 seeking amendment to the plaint was rejected.

( 2 ) THE relevant facts of the case are that the petitioner/plaintiff hassought amendment to the plaint to the effect that during the pendency of thesuit the plaintiff has retired from the service of defendant No. 1 on 30thapril, 1985 and that plaint is required to be amended by including the reliefof declaration to the effect that the retirement of the plaintiff is illegal. Theplaintiff has filed a suit for declaration and mandatory permanent injunctionagainst defendant No. 1 that he should be retired on the basis of correctdate of birth i. e. 4th Feb. , 1928 on the ground that he was born on 4th Feb. ,1928 at Dharam Kot, District Ferozepore, Punjab and his date of birth hasbeen wrongly recorded in the service record as 5/04/1927. Accordingto the plaintiff, the plaintiff has served with the office of the Accountantgeneral of Punjab for more than 28 years continously and absorbed thereafter with the defendant Corporation. Howev