DEWAN SINGH Vs. KHAZAN SINGH

JUDGEMENT

(1.) This is a defendant's revision against the order dated 11/09/1988, passed by City Judge, Jammu, allowing an application filed by the plaintiff under R. 17 of O. VI, C.P.C. seeking an amendment in the plaint by changing the value for the purposes of court-fees and jurisdiction from Rupees 1,510.00 to Rs. 5,100.00. It has been filed in the following circumstances.

(2.) Khazan Singh, respondent herein, filed a suit for permanent prohibitory injunction restraining the defendant (present petitioner) from interfering with the plaintiff's posses-sion, encroaching upon or otherwise tres-passing upon the land measuring 11 marlas situate at village Kalyana tahsil R. S. Pura. In the initial plaint, the plaintiff had fixed the value of the suit for the purposes of court-fees and jurisdiction at Rs. 1,510.00. The defendant appeared and contested the suit. The plaintiff filed an application seeking amend-ment of the plaint by pleading that value of the suit for the purposes of court-fees and jurisdiction was Rs. 5,100.00 and not Rs. 1,510.00.

(3.) The application was resisted by the present petitioner. However, his objections did not prevail and the learned trial Judge allowed the amendment as prayed for. Ag-grieved, the petitioner has come up with this revision petition.