HIRALAL Vs. JAGMOHANDAS

JUDGEMENT

(1.) THE opponent has filed a suit against the petitioner in the Court of Civil Judge first Class Ujjain. The Suit was resisted by the petitioner and was ultimately dismissed by the Court by its judgment dated 16-1,1-1955.

(2.) ON 1-2-1954 the learned Civil Judge realised that he had not passed an order as regards recovery of duty and penalty on Exhibit D/1, the document produced in defence by the petitioner. He therefore passed an order directing the petitioner to pay Rs. 715 for stamp duty and penalty. Aggrieved by this order the petitioner has preferred this revision-application.

(3.) MR, Patel contended, that on 26-11-1953 when the Court dismissed the plaintiff's suit the Court became functus officio and ceased to have any jurisdiction over the case. He submitted that the order passed by the learned Civil Judge on 12-1954 was without jurisdiction and illegal.