P. SATHASIVAM, J.

( 1 ) AGGRIEVED by the order of remand made by the lower appellate court in a. S. No-316of 1987, the plaintiff has filed the above Civil Miscellaneous Appeal before this Court. The appellant/plaintiff has filed in O. S. No. 6993 of 1983 before the XIth Assistant Judge, City Civil Court, madras praying for a decree for mandatory injunction directing the defendant. Punjab National Bank to give credit of a sum of Rs. 20,000/- deposited on 25. 4. 83 in his current account maintained by the Bank and direct the defendant to pay the plaintiff the sum of Rs, 20,000/-with interest thereon at the rate of 12 per cent per annum from the date of decree in the suit until realisation. By judgment and decree dated 8. 4. 85, the learned trial Judge decreed the suit as prayed for with costs. The defendant-Bank filed an appeal in A. S. No. 316 of 1987 before the principal City Civil Judge, Madras. While the appeal of the defendant is pending before the lower appellate Court, the plaintiff has filed C. M. P. No. 6 of 1988 under Order rule 17 read with Section 40 (2) of Specific relief Act for amendment of his plaint in O. S. No. 6993 of 1983. Even though the appellant/plain