MODI, J.—This is an appeal by the plaintiff Puttolal Sharma against a judgment and decree of the Senior Civil Judge, Ajmer, dated the 21st January, 1960, by which he recorded a compromise alleged to have been arrived at between the parties and dismissed the plaintiffs suit in accordance with it, leaving the parties to bear their own costs.

2. The material facts leading up to this appeal may shortly be stated as follows. The plaintiff was a building contractor at Ajmer. The defendant is Maharaja Sumer Singh, Ruler of Kishengarh which was a neighbouring independent State in 1947 and 1949. The plaintiffs case was that as a result of an agreement between the parties, he had built two palaces for the said Ruler of Kishengarh, one at Ajmer and the other at Kishengarh and had also undertaken certain other works of a subsidiary nature for the defendant, the details of which were mentioned in the plaint and that he had repeatedly asked him and a Colonel A. Sharman, who was his controller of personal estates and was looking after all the personal properties of the defendant in that capacity, to render a full and complete account of all the works executed by the plaintiff and to make full and final payment of such amount as may be found payable to him. The defendant, however, did nothing and so the plaintiff brought the present suit against the said Ruler of Kishengarh on the 27th June, 1955 in the court of the Senior Sub.-Judge First Class, Ajmer, after obtaining the necessary sanction from the Government ot India under secs.86 and 87 of the Code of Civil Procedure. The plaintiff valued his suit tor the purposes of rendition of accounts at Rs. 1000/- and paid court-fee thereon accordingly while for purposes of jurisdiction, he valued his claim at Rs. 60,000/-.

3. The defendant raised an objection that the suit was triable by a court of lower jurisdiction on the valuation put on it by the plaintiff which was Rs. 1000/- only.

4. The learned trial Judge held that the plaint having been valued for purposes of jurisdiction at Rs. 60,000/-, the plaintiff should have put the same valuation on it for purposes of court-fee, and in this view of the matter directed him to pay court-fee accordingly and to make up the deficiency therein within a stated time. The defendant, curiously enough, preferred a revision against the above-mentioned order to the Judicial Commissioner, Ajmer, who summarily dismissed it by his order dated the 26th September, 1956. Thereafter he filed a review application to the Judicial Commissioner against his aforesaid order and that application was heard and dismissed by a Bench of this Court on the 6th November, 1959, as the State of Ajmer had by that time been integrated with this State as a result of the States Reorganization Act (Act XXXI of 1956). While the defendants review application was pending in this Court, the plaintiff filed an application on the 2nd January, 1958, in the court of the Senior Civil Judge Ajmer to which court the case had been transferred meanwhile on the abolition of the court of Sub-Judge, First Class, Ajmer, in which he stated that he did not wish to proceed with the suit and was desirous of withdrawing it, and, therefore, made a prayer that the court be pleased to allow the plaintiff to withdraw the suit unconditionally and that the same be dismissed. This application was presented by the plaintiff Puttolal personally before the Senior Civil Judge. As the file of3 the case was in the High Court in connection with the disposal of the defendants review application, the court ordered that the application be put up on receipt of the file for orders and also remarked that the file be requisitioned from the High Court.

5. On the 26th February, 1958, the plaintiff made another application in the trial court stating that he did not wish to proceed with his application dated the 2nd January, 1958, and so solicited permission of that court to withdraw his former application. This application was taken up on

Click Here to Read the rest of this document