- (1.) RAKESH Tiwari, J. Heard learned Counsel for the parties and perused the record.
(2.) THIS revision is directed against the judgment and order dated 5-12-1986 passed by the Civil Judge-I, Gorakhpur in Suit No. 64 of 1985, Mathura Prasad v. Smt. Rati Devi and others. By the aforesaid judgment and order dated 5-12-1986 the Civil Judge-I, Gorakhpur has decided issue No. 8 against the defendant-revisionist. The brief facts giving rise to this revision are that initially the suit was filed in the Court of Munsif. The valuation of the suit was excessive; hence the plaint was taken back for filing the same before the Civil Judge. At the time of filing of the suit defendant Mathura Prasad was aged about 19 years and during the pendency of the suit he has attained the majority. In this regard an amendment application was moved on 31st March, 1980. An objection was raised that after attaining the majority the plaint should not be signed by his guardian while presenting the plaint before the Court of Civil Judge. It is alleged that since the defendant has not signed the plaint the suit has become illegal. The findings of the trial Court are assailed on the ground that the trial Court has acted illegally in deciding issue No. 8 in favour of the plaintiff and has exercised his jurisdiction with material irregularity by holding that lack of proper verification and signing of pleading is merely a mistake and can be subsequently rectified.
(3.) IT has been submitted by the respondents that the decision on issue No. 8 does not come within the ambit of expression 'any case which has been decided, and as such, the revision is not maintainable against the order deciding an issue. It is not in dispute that the suit was filed by the defendant Mathura Prasad, the minor, and it was signed by his guardian and the same was maintainable and was not defective when it was filed at the relevant time.;