( 1. ) THIS revision has come up in the following circumstances.

( 2. ) SHRIMATI Rampyari instituted a suit against Ishwar and Hiradhar for declaration that certain sale deeds are ineffective as against her and also for partition of lands in suit. The plaintiff valued the suit at Rs. 10,000 and instituted it in the Court of Civil Judge, Class I, Raigarh.

( 3. ) THE defendants while resisting the suit objected to the jurisdiction of the Court alleging that the suit was under-valued. Issue number 8 was framed. The trial Court held that the value of the suit for the purposes of jurisdiction was Rs. 14,190. Since it exceeded the pecuniary limit of the trial Courts jurisdiction, it directed the plaint to be returned for presentation to proper Court.

( 4. ) THE plaintiff appealed.

( 5. ) DURING the pendency of the appeal in the appellate Court, the plaintiff made an application for leave to amend the plaint. The appellate Court remanded the case to the trial Court along with the application for leave to amend the plaint. Aggrieved by that order of the appellate Court, the defendants filed a revision (No. 122 of 1973) which was decided by Mr. Justice tankha on April 30, 1973. The or