PARAM KIRTI SARAN Vs. DEWAN SINGH

JUDGEMENT

(1.) This is an application in revision against an order of a Judge, Small Causes, dismissing the plaintiff's suit as being barred by limitation. The circumstances in which the suit was dismissed on the ground of limitation were these:

(2.) The plaint in the suit was drawn up on the basis of a promissory note, originally, for the recovery of Rs. 1290/- with interest at 2 per cent, per mensem. The promissory note on the basis of which the suit had been filed was one for a sum of Rs. 750/- and had been executed on the 23rd January, 1951 (in the copy of the judgment the date given of the promissory note is inaccurate). Since originally, the intention of the plaintiff was to file a suit for the recovery of Rs. 1290/- i.e., for the entire principal and the entire interest which had accrued on the promissory note, the plaint was drawn up for being filed in the court of the Munsif which was the proper court in accordance with the valuation given in the plaint to entertain the suit.

(3.) It appears that subsequent to the drawing up of the plaint and before its filing in court the plaintiff changed his mind and he reduced his claim from Rs. 1290/- to Rs. 750/- that is to say, the plaintiff decided to give up the entire interest and to make a claim for the principal only because he thought that he was unlikely to be able to recover the entire sum made up to principal and interest from the defendant. Though the valuation of the suit was altered yet no appropriate or consequential change was made in the "heading" of the plaint with the result that the plaint which as originally drawn up bore the heading "In the court of the Munsif, Moradabad". This error, apparently was born out of the inadvertence of some one other than the plaintiff, for it is nobody's case that the plaintiff himself drew up the plaint or made the subsequent corrections in the plaint in respect of the valuation of the suit.