VIJAY CHAND Vs. GOPI CHAND

JUDGEMENT

(1.) THIS is an application by the defendants to revise the order of the Munsif, Jaipur East, amending the plaint filed by the plaintiff opposite party.

(2.) IN the first instance, the relief claimed in the plaint was that a decree for the payment of Rs. 250/- with costs and interest be awarded against the defendants. During the pendency of the suit, a Small Cause Court was created at Jaipur, and a general order was issued by the High Court on the 21st of January, 1952, that all suits of small cause nature pending in the courts of Munsifs, Jaipur City East and West, be transferred to the Court of Small Causes. The Judge, Small Cause Court, who was also appointed Additional Civil Judge, Jaipur City, was ordered to try such cases as regular suits. This order was communicated by the District Judge, Jaipur, to the two Munsifs by the order dated 5th February, 1952. On the 26th of February, 1952, the defendant objected that the Munsif East had no jurisdiction to proceed further in the suit. The plaintiff on that very day filed an application for amendment of the plaint and added a relief for fixation of proper rent. This application was objected to by the defendants on the ground that the Munsif East had no jurisdiction in the case, and, therefore, he could not allow the amendment. The Munsif, East, however, repelled the objection of the defendants, and allowed the amendment. Against this order, the defendants have come in revision to this Court.