SEWAK PARSHAD Vs. GRAM PANCHAYAT RAIPUR RANI

JUDGEMENT

(1.) THIS is a plaintiff's revision petition against an order passed by the trial Judge allowing the defendant to amend the written statement.

(2.) A preliminary objection has been raised by the learned counsel for the respondent that the plaintiff cannot file this petition, because in the impugned order it had been stated that the proposed amendment was allowed subject to the payment of Rs. 20/- as conditional costs and the plaintiff had accepted the said costs and thereby precluded himself from challenging this order.

(3.) AFTER hearing the counsel, I find that there is merit in the preliminary objection. This matter has been settled by a number of decisions both of this Court and other high Courts. A Division Bench of this Court in Prithvi Singh Azad v. Ajaib Singh sindhu, AIR 1965 Punj 463, observed:-" where however, the amendment of election petition was allowed by the tribunal on payment of costs which were duly received by the respondent, the costs having been accepted, the amendment of the petition is no longer open to be challenged by him in appeal against dismissal of election petition".