1. Respondent-plaintiff herein filed a suit for recovery against the petitioner-defendant. The respondent moved an application under Section 151 of the Code of Civil Procedure (for short "the Code") stating that in the plaint, due to a typographical mistake, the name of the Company has been written as "Acme Infotech Welfare" whereas in fact, the correct name is "Acme Services Welfare Corporation". It was prayed that necessary correction to this effect may be allowed to be made in the plaint.

2. Trial Court by order dated 23-7-2004, allowed the application and ordered the correction to be made. The trial Court observed, "the amendment being formal in nature is not going to prejudice the defendant as the suit has been filed by the plaintiff in his individual name regarding the payments received by way of cheques by the defendant from the company. Hence, the correction of the name is necessary for the fair adjudication of the matter in dispute, same thus is allowed, but subject to costs of Rs. 500.00 as costs." It is this order, which the petitioner-defendant has impugned in this petition.

3. Learned counsel for the petitioner, drew my attention to the impugned order, particul