JOHRI Vs. MANNALAL

JUDGEMENT

(1.) THIS is an application for reve-sion by the defendant Johri for revising the order of the learned Munsif, Kotputli dated the 10th of September, 1952. The opposite party filed a suit, but the plaint was not sufficiently stamped. The suit was filed on the 27th of August, 1952. The plaintiff was given time to file the deficiency in the court fee upto the 4th of September, 1952, but the deficiency was not made good upto the said date. The plaint was, therefore, rejected.

(2.) THE plaintiff made an application dated the 10th of September, 1952, stating that the had gone to Narnoi on account of some important business and therefore, he could not file the court fee in time. This application was made under sec. 151of the Civil Procedure Court and was supported by an affidavit. THE learned Munsif was of the view that three remedies were available to the plaintiff: - (1) by way of an appeal - (2) the other by way of an application for revision; (3) and the third by way of an application for restoration. He thought it proper to exercise his inherent powers and set aside the order of rejection of the plaint under sec. 151 of the Civil Procedure Code. It is against this order that the defendant has come in revision to this Court.