Short Note : 1. During the pendency of this appeal, the appellant has submitted an application praying that the appellant be granted leave to amend the plaint by incorporating a plea that the Judgment in Civil Suit No. 12-A of 1963 operated as res-judicata. The appellant has also submitted another application under Order 6, Rule 17, CPC praying that the appellant be also granted leave to amend the plaint so as to make it clear that the proposed construction by the respondent was on a piece of land which was part of a public street. The proposed amendments are, in the opinion of this Court, necessary for the purpose of determining the real questions in controversy between the parties. Amendments allowed. Appeal allowed.