B. K. RAY, J.

( 1 ) THE opp. party as plaintiff has instituted the suit out of which this application arises for recovery of Rs. 64,000. 00 and odd against the defendant petitioner on the allegation that the petitioner entered into an agreement with him for working of her mines: that she executed a power of attorney in his favour and that she having terminated the agreement, he sustained loss and damage.

( 2 ) THE case of the petitioner in her written statement in the Court below is that she appointed the OPP. party as her agent to work her mines by executing a power of attorney in his favour: that she also entered into an agreement with the opp. party for working of the mines; that the termination of the agreement was valid and that the claim for damages is not tenable. The petitioner in the Court below by her petition dated 7-2-72 sought to amend her written statement by incorporating the following statement. "that the plaintiffs suit is hit by Section 69 of the Indian Partnership Act. 1932, inasmuch as, by the agreement of 24-3-1965, a partnership was constituted which however has not been registered as a firm under section 59 of the Indian Partnership Act. " she also filed an