Judgment.- The petitioner herein filed a petition in the Court of the Subordinate Judge, Tiruchirapalli, for permission to sue in forma pauperis the defendant, for damages in a sum of Rs.14,000, for wrongful dismissal. The suit, as originally framed, described the defendant as “The South Indian Railway, by the Governor-General in Council, represented by the General Manager”. Subsequently he filed an application to change the cause title by describing the defendant as “The Dominon of India, owning the South Indian Railway represented by its General Manager”. Subsequently on the new Constitution coming into force he filed another application to change it into “The Union of India, represented by the General Manager, South Indian Railway”. This application was opposed by the Union of India mainly on the ground that the plaintiff by his amendment was seeking to implead a new party in the place of a defendant, who ceased to be a legal entity on 1st April, 1944, after the lapse of the statutory period of limitation. This objection prevailed with the Subordinate Judge, Tiruchirapalli, who thought that originally the suit was sought to be filed against the South Indian Railway Company, represented by the Governor-General in Council, while the present petition is to implead the Dominion of India, which is altogether a different entity. I am afraid this conclusion is the result of a misunderstanding of the description of the defendant as given in the original petition for filing the suit in forma pauperis. It was not the South Indian Railway Company that was originally impleaded, but it was the South Indian Railway by the Governor-General in Council, represented by the General Manager, which means the Governor-General in Council, owning the South Indian Railway, represented by the General Manager. Therefore there is no substance in the contention advanced on behalf of the respondent herein that a new party is sought to be impleaded by this amendment. The party, as described in the original petition is the same as the party mentioned in the application for the amendment of the cause title. The plaintiff now only seeks to describe the defendant correctly, having regard to the form in which the suit ought to be filed against the Union of India. The party, as described in the original petition is the same as the party mentioned in the application for the amendment of the cause title. The plaintiff now only seeks to describe the defendant correctly, having regard to the form in which the suit ought to be filed against the Union of India. It is only due to a misconception that a wrong person was sued originally and that, by an amendment, substitution of parties was sought, that the lower Court refused to permit the plaintiff to change the description of the defendant. No doubt, it is entirely within the discretion of the trial Court to allow or not the amendments of the pleadings and if the discretion is exercised properly, this Court will be reluctant to interfere with that order. But where the Court refused to exercise that jurisdiction on a misunderstanding of the real position in the case, this Court ought to set it right. The application for amendment would have had a different result, if only the trial Judge had realised that it was only the South Indian Railway Administration that was being sued, however, described, and it was the wrong description thereof that was sought to be corrected. A Court ought to permit a plaintiff in the normal circumstances to amend the cause title by furnishing the correct description of the defendant and there are absolutely no grounds for not according that permission in this case. In refusing to do so, the trial Court failed to exercise a judicial discretion. I think that in the interests of justice and for the determination of the real question in controversy, the amendment sought for should be allowed. I therefore set aside the order of the trial Court and direct it to permit the plaintiff to amend the cause title as prayed for. In the circumstances of the case I make no order as to costs. K.C. ----- Petition allowed.