M. M. DUTT, C. K. BANERJEE, JJ.

( 1 ) THIS appeal is by the defendant in a suit for declaration and permanent injunction and is directed against the common judgment and order dated May 16, 1983 of Dipak Kumar Sen, J. whereby the learned Judge dismissed the application of the defendant for taking the plaint off the file and allowed the application of the plaintiff for the amendment of the plaint.

( 2 ) IN paragraph 26 of the plaint, the suit was valued by the plaintiff at Rs. 50,000/- for the purpose of jurisdiction and Court fee. It is not disputed that at the relevant time, a suit in the Original Side of this Court would lie only if the value of the subject-matter of the suit or of the reliefs claimed therein exceed Rs. 50,000/ -. As on the face of the plaint the suit was not maintainable and/or this Court had no jurisdiction to entertain and hear the suit, the defendant made an application, inter alia, praying for taking the plaint off the file. After the said application was filed by the defendant, the plaintiff also filed an application for amendment of the plaint praying that instead of the figure Rs. 50,000/-, the figure Rs. 50,100/- should be inserted in the body of the pla

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