R. N. MISRA, C. J.

( 1 ) IT is a plaintiff's application challenging the order of the learned Subordinate Judge of Jeypore refusing to allow an application under Order 6. Rule 17 of the Code of Civil Procedure for amendment of the plaint.

( 2 ) TITLE suit No. 4 of 1973 was instituted for specific performance of an agreement dated 23-11-1971 by which defendants had undertaken to deliver a specified quantity of timber. Petitioner obtained an interim order of injunction against removal of the timber and when the interim order was rescinded. Miscellaneous Appeal No. 150 of 1973 was carried to this Court where injunction was again granted. During the pendency of the appeal, original defendant No. 1 died on 16-8-1973 and substitution was made on 22-11-1973. According to the plaintiff, notwithstanding injunction from this Court, defendants felled the standing trees, cut them into pieces, removed the logs and disposed of the same with a view to making the suit infructu-ous. The suit was posted for hearing to 14th Mar. 1978, when defendants were set ex parte. On 15th Mar. 1978, plaintiff applied for amendment of the plaint. The amendment was allowed and the suit was decreed ex parte on 20