G. K. MISRA, J.

( 1 ) PLAINTIFF's suit is for recovery of Rs. 402, both principal and interest inclusive on the allegation that on 23-6-1901 the defendant took a loan of Rs. 300 in cash on executing a promissory note by way of security for realisation of the loan and in evidence thereof and stipulated therein to pay hack the loan and to pay interest at the rate of 12 per cent per annum on demand. In para 6 of the plaint the cause of action was mentioned to he borrowing of money on the basis of the promissory note The defence need not be stated as it is not relevant for the purpose of this revision. On 1-9-1964 plaintiff filed an application for amendment of the plaint under Order ft, Rule 17, Civil Procedure Code. Certain portions of the plaint were prayed to be deleted and to be substituted by the averments that there was an oral agreement that the principal and interest at 12 per cent per annum would be paid on demand. The object of the amendment was to clearly state that the plaint is based on the original transaction of loan and not on the promissory note. The learned S C. C. Judge rejected the prayer for amendment on that very day. The Civil Revision has been filed against th