BAL MUKUND PERSAD GUPTA Vs. MATHURA PRASAD

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This revision is directed against the judgment and order dated 5-12-1986 passed by the Civil Judge-1, Gorakhpur in suit No. 64 of 1985 Mathura Prasad v. Smt. Rati Devi and others. By the aforesaid judgment and order dated 5-12-1986 the Civil Judge-1, Gorakhpur has decided issue No. 8 against the defendant-revisionist.

(3.) The brief facts giving rise to this revision are that initially the suit was filed in the Court of Munsif. The valuation of the suit was excessive, hence the plaint was taken back for filing the same before the Civil Judge. At the time of filing of the suit defendant Mathura Prasad was aged about 19 years and during the pendency of the suit he has attained the majority. In this regard an amendment application was moved on 31/03/1980. An objection was raised that after attaining the majority the plaint should not be signed by his guardian while presenting the plaint before the Court of Civil Judge. It is alleged that since the defendant has not signed the plaint the suit has become illegal.