In our judgement Order 2, Rule 2 (1) deals with the frame of the suit and does not refer to a case of abandonment of part of the claim after the suit is filed or impose on any court an obligation to allow a plaint to be amended. If Order 2, Rule 2 (1) applied to proceedings after the suit was filed, a plaintiff who anticipated an adverse result after the evidence was almost concluded, would have an absolute right to relinquish part of his claim and obtain an amendment of the plaint and take the case into another court where the deficiencies in his evidence could be supplied at a new trial. We therefore do not consider that the right given by Order 2, Rule 2(1) subsists after the plaint has been filed. This being so, what is the position? The plaint is valued correctly and is filed in the proper Court and that of the Additional District Judge. The plaintiff wishes to withdraw from his claim the amount of profits of the first four years, on the ground that he cannot prove them. In the circumstances there is nothing whatever to prevent the suit from proceeding, and any amendment of the plaint is wholly unnecessary in order to do justice to the parties and proceed with the trial. It was contended by the learned advocate for the respondent that the amendment sought fell within the purview of Section 153, Civil P.c. which is as follows:-
