SARDAR SINGH Vs. MEHANT BHAGWANDAS

JUDGEMENT

(1.) THIS is a revision petition by the defendant against the order of the Additional District Judge, Dholpur dated 6 -4 -1972 by which the learned Judge allowed the nonpetitioner's application for amending the plaint.

(2.) THE nonpetitioner filed an application to institute a suit as a pauper. This application was rejected on 17 -11 -1971 and 15 days' time was granted to the nonpetitioner to file the requisite court fee. It appears that on the request of the plaintiff -nonpetitioner time to make up deficiency in the court fee was extended upto 14.1.1972. But on 11 -1 -72 the plaintiff made an application for amendment of the plaint by introducing certain changes in the cause of action as well as in valuation of the suit and submitted accurst -fee stamp of Rs. 200/ - being the deficit court fee payable on the amended plaint The learned Judge, as already stated above, allowed the amendment of which the piti -tioner is now aggrieved before me.

(3.) IT may be pointed out that under Order 33, Rule 15 Civil P.G a Sub -rule (2) has been introduced in Rajasthan which reads as under: Nothing in Sub -rule (1) shall prevent the court while rejecting on application under Rule 5 or refusing an application under Rule 7 from granting time to the applicant to pay the requisite court fee within a time to be fixed by the court and upon such payment the suit shall be deemed to have been instituted on the date on which the application was presented.