Abdul Hadi, J.: The two appeals, respectively arise out of Application No.1886 of 1990 C.S.No.560 of 1978 and Application No.1885 of 1990 in C.S.No.559 of 1978, both on the of this Court. A common order dated 31.10.1990 was passed in those two applications another Application No.1892 of 1990 in C.S.No.557 of 1978 on the file of this court, above referred to three suits have been filed by the respective legal representatives of three victims in the air accident that occurred on 12.10.1976 claiming damages for the suffered due to the said air accident. The abovesaid three applications are for amendment the respective plaints and the learned trial Judge has allowed the respective amendments and, aggrieved by the said order allowing the amendments, one of the three defendants alone in C.S.No.560 of 1978 and C.S.No.559 of 1978, namely Air India, has preferred these two appeals. Originally the respective plaintiffs in those two suits based their claims under the Carriage by Air Act, 1972. But, subsequently, the amendment sought for wanted to make one more ground of attack namely on the basis of the negligence by the defendants though no additional relief was asked for by way