Judgment

RAY, C. J. :- This is an appeal by certificate from the judgement dated 29 March, 1971 of the High Court of Bombay.

2. The appellant filed this suit on 2 September, 1964 in the High Court of Bombay and claimed six months salary in lieu of notice and gratuity for 16 years of service.

3. In the year 1965 the appellant asked for discovery by the respondent of documents relating to pension scheme for foreign employees. The application for discovery was dismissed in the month of November, 1965.

4. On 16 December, 1969 the appellant took out a Chamber Summons for amendment of the plaint. The proposed amendments were two-fold. The first set of amendments related to averments in support of the claim for gratuity which had already been alleged in the plaint. The second set of amendments related to averments in support of a claim for Rs. 850 per month by way of pension as and from 1 February, 1964 during the life time of the appellant.

5. By an order dated 19 January, 1970 the appellant was allowed to amend the plaint in respect of the claim for gratuity. The appellant s proposed amendment in support of the claim for pension was refused.

6. By summons dated 27 April, 1970 the appellant