SHOBHALAL Vs. BHEROOLAL

JUDGEMENT

(1.) THIS is a plaintiff's revision against the order of the learned Munsif, Udaipur, directing him to amend the plaint by adding a relief for possession of the property in dispute and paying full court-fees thereon.

(2.) IT appears that Vardubai widow of Jeetmal alienated the property in dispute in favour of Bheronlal son of Maganlal and that accordingly, plaintiff Shobhalal as reversioner of the deceased Jeetmal instituted the suit out of which this revision arises for a declaration that the sale effected by Vardubai in favour of Bheroolal may be declared null and void qua his rights and as not binding upon him after the death of Vardubai. Vardubai died during the pendency of the suit. Accordingly, the relief for mere declaration lost its value and the plaintiff became entitled to ask for a decree for possession forthwith. On the defendants' suggestion that the court should take into consideration facts which have come into existence after the institution of the suit, that is, the death of the widow, the court directed the plaintiff to amend the plaint by adding a relief for possession of the property in dispute and paying full court-fee thereupon. The plaintiff has not complied with this order and has come to this court in revision.