PATRAMDAS Vs. MANGALCHAND

JUDGEMENT

(1.) THIS is a revision by Patramdas and arises in the following circumstances.

(2.) MANGAL Chand opposite party filed a suit against Patramdas applicant for recovery of Rs. 8,500/- principal and Rs. 2,295/- interest on the basis of a hundi dated 19th February, 1948. Patramdas defendant resisted the suit and raised a number of pleas on which a number of issues were framed. Two of these issues were however, taken up for consideration by the trial court as preliminary issues and were these: - (1) Whether the suit was time barred? (2) Whether the hundi was on insufficiently stamp-paper and as such inadmissible in evidence? The question of limitation was decided against the defendant while the question of insufficiency of stamp was decided in his favour. On the latter decision, the plaintiff prayed for amendment of the plaint in order that he might fall back on the original cause of action and this amendment was allowed on payment of Rs. 40/- as costs. The present revision is against the order holding the suit time barred and allowing the amendment.