RAM RATAN Vs. ASHVANI KUMAR SINGH

JUDGEMENT

(1.) THIS revision is directed against an order passed by the II Additional Civil Judge, Agra dated 22-1-1980 allowing an amendment in the plaint. The amendment was allowed on payment of Rs. 60/- by way of costs.

(2.) THE opposite parties have filed an affidavit that the amount of costs had been accepted by the applicant on 28-1-1980, and that fact had been certified to the court. THEse averments are mede in paragraphs nos. 3, 4 and 5 of the affidavit of Sri Ashwini Kumar Singh, filed on 30-7-1980. It is further stated in paragraph no. 6 of the said affidavit that the amendment allowed by the court had been incorporated in the plaint. Learned counsel for the opposite parties has raised a preliminary objection that the revision, in the circumstances, is not maintainable. THE rejoinder-affidavit filed by the applicant does not dispute the fact that the amount of costs had been accepted or that the amendment had been incorporated. THE question for consideration accordingly is whether, after accepting the amount of costs, the order allowing the amendment can be challenged. In Dr. Sewak Parshad v. Gram Panchayat Raipur Rani, AIR 1972 Punjab Hariyana 272, it was held that where costs had been accepted by a party in regard to an order of amendment, the same cannot be challenged. THE party accepting costs is stopped from challenging the order allowing an amendment. See also Nagubai Ammal v. B. Shama Rao, AIR 1956 SC 593 and Ram Charan Mahto v. Custodian of Evacuee Property, Bihar, AIR 1964 Patna 275. THE preliminary objection, accordingly, succeeds.