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1982 Supreme(Raj) 384

DWARKA PRASAD
Jain Traders – Appellant
Versus
Hanuwant Chand Mehta – Respondent


Advocates:
For the Petitioner:Mr. A.L. Chopra, Advocate.
For the Respondents:Mr. Gopal Raj, Advocate.

JUDGMENT

1. - This revision application arises out of the order passed by the Learned Munsif Jodhpur (City) dated January 16, 1982 rejecting an application of the plaintiff for amendment of the plaint under Order 6 Rule 17 CPC.

2. The plaintiff filed a suit for fixation of standard rent with the allegation that the agreed rent was Rs. 475/- per month, but the standard rent of the premises was Rs. 100/- per month only and the Court should fix standard rent accordingly. In the plaint the plaintiff failed to give any valuation of the suit for purposes of jurisdiction as well for payment of court-fees, but the court-fees of Rs. 10/- was paid on the plaint.

3. The plaintiff submitted an application for amendment of the plaint under Order 6 Rule 17 CPC praying that he may be allowed to add a paragraph valuing the plaint at Rs. 1,000/- for purposes of jurisdiction as also for payment of court-fees. The application was rejected by the trial Court on two grounds; firstly that there was no basis for valuing the suit at Rs. 1,000/- and secondly that in view of the provisions of Section 7 of the Rajasthan Court Fees Act and Suits Valuation Act, 1961 (hereinafter called 'the Act') the value of th






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