1. The applicant has instituted a suit in the Court of Civil Judge First Class against the State of Madhya Bharat claiming a declaration that an order made by the Government on 22-8-1952 removing him from the Judicial Service of the State was illegal, void and inoperative and that he was still a member of Madhya Bharat Judicial Service.

The suit was instituted after complying with the provisions of S. 80, Civil P.C. On 16-5-1945 the plaintiff made an application for amendment of the plaint seeking the relief of the payment to him of Rs. 8,000/- on account of arrears of salary and damages for the mental worry caused to him. The amendment was sought to be made after a notice of the additional claim had been given to the Government under S. 80, Civil P.C. The learned Civil Judge refused leave for the amendment. Hence this revision petition.

2. The order of the trial Court refusing leave on the ground that the plaintiff did not give any notice to the Government under S. 80, Civil P.C., in respect of the relief of the payment of arrears of salary and damages before the institution of the suit is clearly wrong and cannot be upheld. The new relief asked for by the plaintiff does not