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G.L.OZA
Nandanbai – Appellant
Versus
Kunvaribai – Respondent
1. It was a revision petition filed by the defendants against an order passed by the 2nd Civil Judge Class I, Indore, whereby the value of the claim was reduced so that the suit was within the jurisdiction of the Court.
Held: It cannot be disputed that the value of, the claim could be brought down in two ways; one if the plaintiff chooses to give up certain part of the claim and reduced the valuation of the claim so as to bring it within the jurisdiction of a particular Court. The plaintiff may amend suitably to bring it within the jurisdiction of that Court, but there may be cases where by a clerical error or by typing error wrong value might have been mentioned which apparently makes the claim not triable, by the Court in which it is filed, but in substance the value of the c1aim is triable within the jurisdiction of the Court and plaintiffs want to correct the clerical or the typing error. In such cases it cannot be said that the plaintiffs by amendment are seeking to reduce the value of the claim so that the suit may fall within the jurisdiction of the Court, in which the suit is pending. The decisions on which reliance has been placed by the learned counsel and deci
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