ASSUDOMAL M. RAISINGHANI Vs. MANSINGH CHUHERMAL

JUDGEMENT

(1.) THIS is an application for revision of an order made by the Small Cause Court, Bombay, dismissing the applicant's suit on the ground that there is no plaint.

(2.) THE applicant sought leave to sue as a pauper before the Court of Small Causes. The claim made by him against the opponents is for Rs. 3,000 or so. His application for leave to sue as a pauper was enquired into by the Deputy Registrar. The Deputy Registrar allowed the application and granted him leave to sue as a pauper. Thereupon the application was registered as a suit. During the pendency of the matter before the Small Cause Court, the applicant made an application for amendment of the plaint with a view to show that the claim was within time. This application was taken up by the learned Judge on -July 19, 1957, when he passed the following order: - It is obvious that there is no plaint in this case. The leave to sue in forma pauperis has been treated as a plaint and there is no application even till now to amend the said application in such a manner as to convert it into a plaint. In these circumstances, there being no plaint, the suit must be dismissed....

(3.) FOR these reasons I allow this application with costs and direct the learned Judge to consider the application for amendment of the plaint on merits and proceed with the suit further according to law. The Rule is made absolute.