G. C. MATHUR, J. :- This revision has been referred to this Bench for consideration of the question whether the decision of a Division Bench of this Court in Gaya Din v. Lalta Prasad, AIR 1936 All 477 is still good law. Doubts have been cast on the correctness of this decision on account of the decision of the Supreme Court in Mahanth Ram Das v. Ganga Das, AIR 1961 SC 882.

2. Since the entire revision has been referred for decision, it is necessary to set out the relevant facts. The suit, out of which this revision arises, was filed on July 4, 1966, by the applicant in the court of the Munsif, Mirzapur. Some amendments in the plaint were allowed by the Munsif by his order dated April 11, 1967. Consequent to these amendments, there was a deficiency in the court-fees by Rs.249.50 as reported by the Munsarim on August 4, 1967. The deficiency in court-fees was not made good within the time allowed and on October 4, 1967, the plaint was rejected as insufficiently stamped. On October 19, 1967, the applicant made an application for restoration and on December 7, 1968, the application was allowed. The operative portion of the order of the Munsif reads:

"I allow the application and r