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1988 Supreme(P&H) 484

S.S.KANG, A.L.BAHRI
Amar Singh – Appellant
Versus
Perhlad – Respondent


Judgment

A.L.BAHRI, J.

1. This revision petition was admitted to D.B., in view of divergent views expressed in two cases by this court on the point. The revision petition was filed challenging order dated March, 6, 1987, passed by Subordinate Judge Ist Class, Mohindergarh, whereby an application filed under O.VI, R.17 of the Code of Civil Procedure, for amendment of the plaint was allowed subject to payment of Rs. 500.00 as costs. The suit was filed by Perhlad for the grant of injunction restraining Gopal from alienating land measuring 112 Kanals 15 Marlas, which was joint Hindu family property as well as coparcenary property, without consideration or legal necessity. When notice of motion in the revision petition was issued, on behalf of the respondent it was pointed out that the costs imposed by the impugned order were accepted. though under protest, on behalf of the petitioner and thus the petitioner after accepting the correctness of the impugned order could not file the revision petition. J.V. Gupta. J., in Baba Padam Gir Chela V/s. Murti (Deity,) Shri Paras Nath Digamber Jain, 1981 Cur LJ (Civil) 411, held in similar circumstances where the appellant had accepted the costs und






















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