Code of Civil Procedure, 1908–Order 2, Rule 2–View of High Court that the suit was barred by provision–Justification–Plaint of earlier suit was not proved being marked an exhibit–Further, High Court not adverted to the merits of case–Further more, if the plaint has not been brought on record and proved, prayer for amendment shall not be entertained to bring the plaint on record by way of additional evidence by taking the recourse of Order 41, Rule 27–Impugned judgment of High Court set aside.
