1. These petitions are by the 32nd defendant and the 2nd defendant respectively praying to revise an order allowing amendment of the plaint in a suit for partition of the Moopil Sthanam and Elaya Sthanam properties of Mannarghat Sthanam. The plaintiff's right to partition of the properties, was originally based on the Madras Act 32 of 1955 treating the Sthanam properties as belonging to the tarwad of the Sthanamdars. That Act having been struck down by the Supreme Court, the plaintiff sought to amend the plaint to base his right to partition under S.7 (3) of the Hindu Succession Act, the Moopil Sthanamdar who was in Office when the latter Act came into force having passed away in the meanwhile.

2. The Court below allowed the plaint to be amended as prayed for, subject to removal from the plaint the Elaya Sthanam properties to which the Act did not apply. The Subordinate Judge observed that the cause of action is the plaintiffs right to partition and that that would remain unchanged in the amended plaint even though the enactment called to aid to stand the basis for the cause of action is changed. The Hindu Succession Act appeared prima facie to afford a cause of action t