JUDGMENT

D.S. Mathur, J. - This writ petition arises out of a suit Under Section 180 of the UP Tenancy Act. The suit was instituted on 28-6-1952. The matter went upto the Board of Revenue when the suit was remanded for a fresh hearing. It was thereafter that the Respondents raised an objection to the institution of the suit, namely, that it had not been signed by Bajrang Bahadur Singh named in the plaint as a co-Plaintiff. Bajrang Bahaur Singh then signed the plaint and the suit was deemed to have been instituted on that date. It was for this reason that the suit was held to be barred by limitation. The Judicial Officer, Kunda, recorded a finding on the other issues also, but the Additional Commissioner and the Board of Revenue hearing the First Appeal and Second Appeal, respectively, maintained the order of the Judicial Officer, on the ground that the suit shall be deemed to have been properly presented, when it was signed by Bajrang Bahadur Singh, but by that time it was barred by limitation.

2. Order IV, Rule 1 Code of Civil Procedure and Order VI, Rule 14 Code of Civil Procedure govern the presentation and signing of the plaint. These provisions correspond to Sections 48 and 51