K.A. Swami, CJ.

1. This Letters Patent Appeal under Clause 15 of the Letters Patent is preferred against the judgment dated 211. 1994 passed by the learned single Judge in A.S.No.82 of 1983 and also C.M.P.Nos. 2850 and 4344 of 1994.

2. Learned single Judge allowing the C.M.Ps., has also allowed the appeal and remitted the case to the Trial Court for fresh disposal in the following terms:-

“In the result, C.M.P.Nos.2850 and 4344 of 1994 are allowed. The appeal is allowed setting aside the judgment and decree of the trial court and the matter is remitted to the trial Court for fresh disposal according to law, after the plaint is amended as prayed for in CMP No.2850 of 1994. The plaintiff is directed to carry out the amendment in the trial Court. The trial Court shall give an opportunity to the defendant to file additional written statement in the light of the amendment made in the plaint and decide the suit afresh within 3 months from the date of receipt of this order after framing appropriate issue and giving an opportunity to both sides to let in further evidence in respect of their respective claims. In the circumstances, there is no order as to costs. Court-fees pai