1. The short question that poses for consideration in this Civil Revision Petition filed by the defendant is whether a court, before which a suit which it is competent to entertain, try and dispose of is pending, could order an amendment of the plaint involving ouster of its jurisdiction.

2. The suit is one for injunction filed by the proprietor of a cinema theatre to restrain the defendant a film distributor, from exhibiting his films in the locality other than the theatre of the plaintiff on the basis of an agreement. The application for temporary injunction filed by him was dismissed and the order has become final by dismissal of the appeal. The application then tiled by him for withdrawal of suit with permission to file a fresh one was also dismissed in the absence of grounds under 0.23 R.1. That order has also become final. Then he filed an application for amendment of the plaint incorporating the terms of the agreement and including a prayer for specific performance of the agreement. That was opposed by the revision petitioner on grounds of maintainability, lack of bona fides, change of character of suit, substitution of cause of action and ouster of jurisdiction o