SHYAM LAL Vs. SANGAM LAL AND OTHERS

JUDGEMENT

(1.) THIS is a revision Under Section 115 Code of Civil Procedure by Shyam Lal, Plaintiff, against the order dated 5. 10. 63 of the Additional Munsif of Allahabad rejecting his application under Section 153 Code of Civil Procedure read with Order VII Rule 10 and Order IX Rule 9 Code of Civil Procedure and thereby refusing to restore the suit which had earlier been rejected under Order VII Rule 11 Code of Civil Procedure.

(2.) THE material facts of the case are that the Plaintiff valued the suit at Rs. 1944 -y. but on an objection raised by the Defendants the Munsif held that the correct valuation was Rs. 6535/ -. The Plaintiff was directed to correct the valuation within one week and on his failure to do so the plaint was rejected under Order VII Rule 11 Code of Civil Procedure under order dated 6.3.1963. Thereafter, on 30.6.l966 the Plaintiff moved the present application for recalling the order dated 6.3.63 and restoring the suit to its original number. It was also prayed that the plaint be then returned to the Plaintiff for presentation to a proper court.

(3.) THERE is no longer any dispute in that the present suit was beyond the pecuniary jurisdiction of the Munsif. The point for consideration however, is whether in a suit beyond his pecuniary jurisdiction the Munsif can direct the Plaintiff to amend the valuation and on his failure to comply with the order to reject the plaint under Order VII Rule 11 Code of Civil Procedure; or it is necessary for the Munsif to return the plaint under Order VII Rule 10 Code of Civil Procedure for presentation to a proper court.