DEWAN CHAND CHAWALA Vs. PYARILAL SINGH CHHAWADA

JUDGEMENT

(1.) Plaintiff is the petitioner in this Civil Revision against the order of the trial Court refusing amendment of the plaint.

(2.) TITLE Suit No. 19 of 1982 was filed in the Court of the Subordinate Judge, Titilagarh for permanent injunction in respect of Ac. 1.301 decimals of land comprising in holding No. 21 of village Kantabanji. In paragraph 12 of the plaint the following averment was made. '12. That the suit is valued at Rs. 11,000/ - for the purpose of jurisdiction and at Rs. 500/ - for purpose of court -fee and injunction and hence ad valorem court -fee worth Rs. 70.50 is paid herewith.' Defendants raised objection to the pecuniary jurisdiction of the Court Thereafter the plaintiff filed the application for amendment of paragraph 12 of the plaint and to add the relief of declaration of title to the disputed land.

(3.) IN the reported decision it has been observed : '...But as in this case the suit was valued for the purpose of jurisdiction at Rs. 4,816.00 and was instituted in Court of the Subordinate Judge, the valuation cannot now be reduced the effect of which would be to oust the jurisdiction of the Court...'. This observation makes it clear that the plaintiff ought to have been called upon by the trial Court to pay the court -fee on the jurisdictional value of Rs. 11,000/ - and payment of court -fee on a valuation ought not to have been given undue importance for returning the plaint, specially when plaintiff has come forward to amend the plaint. The rejection of prayer to amend the plaint to this effect amounts to exercise of jurisdiction with material irregularity and is accordingly vacated.