HANAMAPPA BHIMAPPA JANGLI Vs. PRALHAD

JUDGEMENT

(1.) This is a defendant's appeal. It is directed against the judgment and decree made by the Civil Judge, Hubli, in CA.No.179 of 1966, which affirmed the judgment and decree made by the Addl. Munsiff and JMFC., Haveri, in L.C.Suit No.58 of 1963.

(2.) The facts giving rise to this appeal, so far as they are material, are as follows: The suit for the recovery of a rent of Rs.4,137-6-0 was filed by the respondent in forma pauperis on 29-9-1959 by way of a composite document containing both the plaint and the application under Or.33, R.1, CPC. On 31-1-1963 the application to sue as a pauper came to be dismissed, without any specific order as to rejection of the plaint or as to the time within which the plaintiff was required to make good the court fee payable in the suit. Subsequently time was granted to pay the court fee and the same was extended from time to time on the basis of certain applications filed, which are Exs.2 to 4. The extension of time was presumably made under S.149 CPC. The respondent ultimately reduced his claim to Rs.760 by an amendment of the plaint and paid the requisite court fee thereon on 16-3-1963. The suit was thereafter registered as L.C.Suit No.58/63. After the issues were settled the case was set down for hearing on 8-8-1966, on which date the defendant was placed ex parie. The suit was thereafter continued and decreed.

(3.) On the basis of the further pleas by the defendant, the following additional issues came to be settled, and they were numbered as issues 4, 5 and