PATEL CONSTRUCTION AND CO Vs. SHAH RAICHAND AMULAKH

JUDGEMENT

(1.) The question which is involved in this revision application is what procedure a civil court should adopt with regard to an amendment of plaint which results in ousting the jurisdiction of that court though the plaint as initially presented is admittedly found to be within the pecuniary jurisdiction of that court.

(2.) The petitioners of this petition are the original defendants against whom the original plaintiff one Shah Raichand Amulakh who has since died has filed a suit for the recovery of the amount of Rs. 1 0 being the amount of rent in arrears for godowns and damages for use and occupation of a piece of land known as `Farja adjoining the godowns which the defendant has taken on lease from the plaintiff. The suit has been filed as a Small Cause suit in the court of Civil Judge (S.D.) at Surendranagar where it is registered as Small Cause suit no. 155/64.

(3.) Reference to para 14 of the plaint which is initially filed shows that damages for use and occupation for the land admeasuring 35700 sq. ft. have been claimed by the plaintiff. In this paragraph the plaintiff has alleged that the damages for use and occupation for 9 months i.e. upto the month of 2nd Jyeshtha of S. Y. 2017 would he Rs. 7290/at the rate of Rs. 810/per month and for keeping the trucks for the said period the said damages would be Rs. 3600/at the rate of Rs. 600/per month but since the claim for first 8 months has been time barred the claim for damages is limited only for one month at the rate of Rs. 600.00. To this amount the plaintiff has added the arrears of rent for the godowns amounting to Rs. 250/thus making the total claim of Rs. 850/for rent of the godowns and for use and occupation of `farja. To this amount the plaintiff added the amount of Rs. 139/by way of interest and Rs. 11/as notice charges. Thus the plaintiff has made the total claim of Rs. 1 0