DURGA PRASAD MANDELIA Vs. KU. SWATI GUPTA

JUDGEMENT

(1.) THIS revision by the defendant') is directed against the impugned order of the trial Court permitting an amendment in the plaint whereby the plaintiffs have substantially reduced the suit amount so as to save the payment of Court Fee. The trial Court has permitted the amendment. Nothing has been pointed out to hold if the trial Court did not have jurisdiction to permit such an amendment.

(2.) THE learned counsel for the petitioners has submitted that instead of permitting the amendment the trial Court should have decided on the maintainability of the suit in -view of the observations made by this Court in its order dt. 26.3.91 passed in Civil Revision No. 63/91. The submission fails to take notice of the fact that unless the Court Fee was paid the question of maintainability of suit on merits could not have been considered by the trial Court. That has been done now. On the plaint reaching the competent Court as per valuation, the defendant/petitioners would still be at liberty to press for dismissal of the suit at its threshold if the same is not maintainable.