Modi, J.—This is a defendants appeal against an order of the District Judge, Jodhpur, dated 10th September, 1952, by which he accepted the plaintiffs prayer for amendment of his plaint and remaned the suit to the trial court to be proceeded with according to law.

2. It is not necessary to state the facts, out of which this appeal has arisen, at any length. The plaintiff Ramlals case was that he had entered into a partnership with the defendants in connection with the sale of certain bullocks whom the defendants have sold but the latter had failed to pay the plaintiff the price realised by the sale of the bullocks as well as the profits made out of such sale. The plaintiffs allegation was that the bullocks had been purchased by him with his own money. The defendants raised a number of pleas with which we are not concerned for the purposes of the present appeal, and the contention which it is necessary to mention is that the plaintiffs suit as framed was not maintainable and that he should have brought a suit for dissolution of the partnership and rendition of accounts. A prayer was made to the trial Judge for amendment of the plaint during the course of the trial but it was turned do

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