( 1 ) THE question which is involved in this revision application is what procedure a civil court should adopt with regard to an amendment of plaint which results in ousting the jurisdiction of that court though the plaint as initially presented is admittedly found to be within the pecuniary jurisdiction of that court.

( 2 ) THE petitioners of this petition are the original defendants against whom the original plaintiff one Shah Raichand Amulakh who has since died has filed a suit for the recovery of the amount of Rs. 1 0 being the amount of rent in arrears for godowns and damages for use and occupation of a piece of land known as `farja adjoining the godowns which the defendant has taken on lease from the plaintiff. The suit has been filed as a Small Cause suit in the court of Civil Judge (S. D.) at Surendranagar where it is registered as Small Cause suit no. 155/64.

( 3 ) REFERENCE to para 14 of the plaint which is initially filed shows that damages for use and occupation for the land admeasuring 35700 sq. ft. have been claimed by the plaintiff. In this paragraph the plaintiff has alleged that the damages for use and occupation for 9 months i. e. upto the month of