D. P. MOHAPATRA, J.

( 1 ) THIS appeal under Cl. 10 of the Letters Patent of the Orissa High Court was filed by defendant 3 in O. S. No. 1 of 1987 which is being tried by a learned single Judge of this Court. The appeal is directed against the order passed on 7th April 1989 in Misc. Case No. 11 of 1989 by the learned trial Judge permitting the respondent 1 to amend his plaint.

( 2 ) THE aforementioned suit was initially filed in the Court of the Subordinate Judge, Bhubeneswer by the respondent 1 against the appellant and respondents 2, 3 and 4 praying for a decree for Rs. 1,0000000/- (one crore) to be paid by the defendants jointly and severally and to injunct the defendants permanently from publishing further libellous and defematory statements during pendency of the sut and thereafter. The plaintiff claimed damages from the defendants for publishing the article in the magazine "the Illustrated weekly of India" in its issue dt, May, 18-24, 1986 in which, as alleged by the plaintiff, libellous allegations, insinuations and innundoes were written against him. The appellant as the Special Correspondent of the Magazine was impleaded as defendant 3 in the suit similarly the respondent