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1960 Supreme(All) 142

B.MUKERJI
PARAM KIRTI SARAN – Appellant
Versus
DEWAN SINGH – Respondent


Advocates Appeared:
Bhagwan Das Gupta

B. MUKERJI, J.

( 1 ) THIS is an application in revision against an order of a Judge, Small Causes, dismissing the plaintiffs suit as being barred by limitation. The circumstances in which the suit was dismissed on the ground of limitation were these:

( 2 ) THE plaint in the suit was drawn up on the basis of a promissory note, originally, for the recovery of Rs. 1290/- with interest at 2 per cent, per mensem. The promissory note on the basis of which the suit had been filed was one for a sum of Rs. 750/- and had been executed on the 23rd January, 1951 (in the copy of the judgment the date given of the promissory note is inaccurate ). Since originally, the intention of the plaintiff was to file a suit for the recovery of Rs. 1290/ -. e. , for the entire principal and the entire interest which had accrued on the promissory note, the plaint was drawn up for being filed in the court of the Munsif which was the proper court in accordance with the valuation given in the plaint to entertain the suit.

( 3 ) IT appears that subsequent to the drawing up of the plaint and before its filing in court the plaintiff changed his mind and he reduced his claim from Rs. 1290/- to Rs. 750/- that is to s


















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