' This revision petition was directed against the order, dated 22-9-1993 of the learned Civil Judge, whereby the application under Order VI, Rule 17, C.P.C. For amending the written-statement was rejected. One of the pleas which was sought to be added and which has been pressed before me was that the plaintiff had failed to submit his claim under section 77 of the Railway Act, hence the suit was not maintainable. Learned counsel for the respondent-plaintiff states that the plaint in para. 8 contains the assertion as regards the submission of claim and the said assertion stands admitted in para. 8 of the written statement and that in the evidence the plaintiff-respondent has already exhibited the claim which was preferred with the railways. He adds that in any case the petitioner-defendant can press into service the provisions of section 77 of the Railways Act as necessary evidence has already been led in this respect.
2. In view of the above and as the petitioner is being conceded the right to advance pleas based on section 77 of the Railway Act during arguments this petition is not pressed and is disposed of accordingly. Parties are left to bear their own cost.