BALDEO PRASAD Vs. COLLECTOR OF PILIBHIT

JUDGEMENT

(1.) This appeal arises out of a suit in which the plaintiff claimed to recover the sum of Rs. 1,990-2-0. As originally framed this sum was said to be the amount of a promissory note, dated the 20th of November, 1909, together with interest thereon. The maker of the promissory note was one Pohkar Singh. The Collector of Pilibhit was sued as manager of the estate of Pohkar Singh in charge of the Court of Wards. The defence was that the promissory note was made after the estate had been taken over by the Court of Wards. On this defence being raised the plaintiffs applied for an amendment of their plaint, so as to enable them to fall back on a previous promissory note, dated the 15th of November, 1907. The court of first instance allowed the amendment and decreed the plaintiffs suit. The amendment as made was, to say the least of it, inartistic.

(2.) The defendant objected to the amendment and in his memorandum of appeal a ground was taken that the amendment ought not to have been allowed. The lower appellate court considered that the amendment ought not to have been allowed and dismissed the plaintiffs suit. Hence the appeal.

(3.) Before the institution of the suit the plaintiff served a notice on the Court of Wards in order to comply with the provisions of Section 48 of the Court of Wards Act, which provides that "no suit relating to the person or property of any ward shall be instituted until after the expiration of two months after notice in writing has been delivered, stating the name and place of abode, the cause of action, and the relief which he claims." The form that the notice took was a copy of the intended plaint. In our opinion if the amendment which was made by the court of first instance is allowed to stand, the plaintiffs claim cannot be dismissed on the ground that the provisions of Section 48 were not complied with. The notice required by Section 48 was in fact served, as provided by the section, and the suit is the same suit notwithstanding that a substantial change has been made as the result of the amendment.