S H KELKAR Vs. MANDAKINI BAI
HIGH COURT OF KARNATAKA
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(1.)The suit was originally sought to be instituted in forma pauperis with five prayers. On refusal of leave to do so, the plaintiff struck off four reliefs from the plaint, paid coure-fee on the fifth relief and the suit was registered accordingly. Subsequently when she was in possession of sufficient funds to pay the court-fee in respect of the omitted reliefs also, she applied for amendment fay way of reinstatement of the originally given up reliefs. The Civil Judge has granted the permission. Hence this Revision Petition by the contesting defendants 1 to 3.
(2.)Although the reliefs were struck off, the original averments in the plaint were left intact. Hence the opinion of the Civil Judge that the reliefs now sought to be reinstated flowed from or depended upon the averments already in the plaint and that therefore, no surprise or serious pre-judice can be postulated, is not open to any serious criticism.
(3.)The only substantial question for consideration is whether the striking out of the reliefs in the circumstances mentioned above can be equated to withdrawal of reliefs within the meaning of Rule I of Order 23 without the permission of the Court so as to preclude the plaintiff from suing in respect of them.
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