CHHATU LAL SHAW Vs. PANCHANAN SHAW

JUDGEMENT

(1.) This Rule was directed against an order of the learned Subordinate Judge of 24 Parganas by which he directed the plaintiff to pay 'ad valorem' court-fees on Rs. 6000/- on the plaint and refused to pass any final orders on the application filed by the plaintiff for amendment of the plaint.

(2.) The plaintiff along with defendant 2 and other co-sharers is in joint possession of the premises in suit. Defendant 2 executed a kobala on 6-5-1949, in favour of defendant 1 in the present suit. The plaintiff's allegation is that (the kobala was obtained by fraud and undue influence and he prayed, first, for a declaration that this sale deed was void and secondly, for a permanent injunction restraining defendant 1 from interfering with the plaintiff's possession and thirdly, in the alternative, for an order by the Court allowing the plaintiff to pre-empt. The relief for declaration was valued at Rs. 20/-, the relief for injunction was valued at Rs. 50/- and the relief for preemption was valued at Rs. 100/-. The court-fees were paid accordingly. After the Court passed an order that the proper valuation of the suit was Rs. 6000/- and the court-fees should be paid thereupon, the plaintiff made an application for amendment of the plaint by deleting the prayer for preemption. The learned Subordinate Judge held that the court-fees were payable in accordance with the provisions of Section7(iv)(c). Court-fees Act, that the relief should be valued at Rs. 6000/- and that after the court-fees thereupon were paid, he would consider what orders should be passed on the application for amendment.

(3.) In the first place, we are clearly of opinion that? the learned Subordinate Judge failed to exercise his jurisdiction that was vested in him to pass an order on the prayer for amendment. When a plaintiff after making prayers of several kinds of relief wishes to abandon some of these with a view to save court-fees, the Court is bound to allow such application. Whether as the result of deletion of prayers for some reliefs, the suit fails or not is a matter which shall be decided at the time of the hearing of the suit. The plaintiff in asking for deletion of his prayer for certain reliefs takes that risk. We see no reason why the Court should refuse the plaintiff to withdraw his prayers for pre-emption.