The unamended plaint in C.S. No. 226 of 1962, prayed for declaration of plaintiff’s title to the suit property without any consequential relief. Upon the applications of the plaintiff in Application Nos. 2104 and 2105 of 1969, this Court by order, dated 12th February, 1970, granted leave to the plaintiff to amend the plaint by impleading certain third parties in possession and by including a prayer for recovery of possession from those persons. According to the office, deficit Court-fee has to be paid upon the amended plaint as per the Court-fees Act, in force on the date of the original plaint. But the contention of the plaintiff is that deficit Court-fee is payable, not under the law relating to the Court-fee as it prevailed on the date of the original plaint, but under the law which was in force on the date of the amendment of the plaint.

2.. In C.S. No. 118 of 1967, the original plaint prayed for permanent injunction. Subsequently, the plaintiff filed an application, Application No. 105 of 1968, for amendment of the plaint claiming a decree for recovery of a sum of Rs. 1,15,00,000 by way of damages from the first defendant. This amendment was allowed by order of Court,