DURGA PRASAD Vs. RADHEY SHYAM

JUDGEMENT

(1.) Petitioner preferred this revision petition being aggrieved with the order dated 2nd August, 1984 passed by the learned Civil Judge, Jhunjhunu. Suit was instituted for the recovery of the rent, interest and ejectment etc. in the Court of learned Civil Judge, Jhunjhunu. The valuation of civil suit was assessed as Rs. 8,727/- on account of arrears and interest. The suit was also valued for the purpose of ejectment and the valuation was fixed as Rs. 1,608/-. Thus, the total valuation was Rs. 10,335/- and the Court fee was also paid on the same amount. An application was moved for the amendment of the plaint and it was mentioned in that application that the petitioner wants to give away the relief relating to the rent for the period 1st March, 1975 to 31st October, 1975. Petitioner also gave away the relief of interest. Thus, the valuation of the suit was reduced by abandoning/giving-up the relief relating to rent and interest referred above. An application under O.6, R.17, C.P.C. was moved by the petitioner and the same has been rejected by the trial Court.

(2.) Being aggrieved with the order dated 2nd August, 1984 passed by the learned Civil Judge, Jhunjhunu, this revision petition has been preferred before this Court.

(3.) Mr. Kejriwal, learned counsel for the petitioner submits that it is the right of the party to give up the part of the relief prayed in the suit. The Court has no jurisdiction to deny the giving away or abandoning the relief or part of the relief prayed in the plaint.