Plaintiff in O.S.No.30 of 1996 on the file of District Munsif-cum-Judicial Magistrate Court, Vedasandur is the revision petitioner. Suit filed by him was one for permanent prohibitory injunction restraining defendant from interfering with his possession and for incidental reliefs.

2. Defendant in his written statement denied the title of plaintiff. Plaintiff therefore filed a petition for withdrawing the suit and to file a properly instituted suit. When permission was sought for the same was objected. Therefore an application for amending the plaint was filed as I.A.No.714 of 1998 to incorporate the relief of declaration of title.

3. Respondent again opposed the amendment mainly on the ground that if amendment is allowed, the suit will be beyond the pecuniary jurisdiction of court below.

4. By the impugned order, lower court dismissed the amendment application only on the ground that if amendment is allowed the suit will be beyond the pecuniary jurisdiction of the court. The said order is challenged in this revision petition.

5. Notice of motion was ordered and respondent also entered appearance.

6. After hearing counsel on both sides. I do not think that the order