GOKULAKRISHNAN, J. :- Plaintiff is the appellant. The suit is for setting aside the order of the defendant -Commissioner, H. R. and C. E. Department and for a declaration that the suit institution is not a temple as defined in the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959, (Tamil Nadu Act 22 of 1959). At this appellate stage, the appellant had filed C.M. 15, 1796 of 1979, praying that his prayer in the plaint may be amended adding the following words -

"or in the alternative, declare that the suit institution is a denominational temple belonging to a religious denomination, viz., Thalakulam Melatheruchetti. Samudayam".

By an order dated 2-4-1979, we have amended the plaint as prayed for since we felt that the proposed amendment does not require investigation of new facts or evidence and since a lesser relief is now claimed no prejudice would he caused to the respondent by allowing the proposed amendment. Further, the respondent has also not filed any counter for the said averments made in C.M.P. 1796 of 1979, or advanced any effective argument opposing the said amendment.

2. The plaint allegations are that 'the temple' called Sri Deivavinayagar temple in T