1. This appeal filed on behalf of the plaintiff is directed against the order of the Additional District Judge, Patiala, dated November 14, 1983, where-by the amendment of the written statement was allowed and on that account, the judgment and decree of the trial Court were set aside and the case was remanded for fresh decision.

2. The plaintiff-appellant filed the suit for the specific performance of the agreement to sell dated June 5, 1978. The said suit was decreed by the trial Court on February 4, 1983. In the appeal filed on behalf of the defendant, he also moved an application under Order VI Rule 17 of the Civil P. C., for amendment of the written statement. By virtue of the proposed amendment, the defendant wanted to take the plea that he was a member of the coparcenary and joint Hindu family constituted of him and his sons and, therefore, no decree for specific performance of the agreement could be passed against him. That application was contested on behalf of the plaintiff. However, the lower appellate Court allowed the said application on payment of costs. According to the lower appellate Court, the proposed amendment was only an additional, approach to the defen