...and scope of the E.A. No.278 of 2003, filed by the petition in proper perspective and on erroneous consideration, allowed the said application. The learned Judge failed to see that execution petition is not ...plaint and written statement only, and not execution petition. The amendment sought for is barred by limitation as the decree was passed on 19.01.1990 and the petition to amend the EP was filed after 15 years. The ...Executing Court has no power to direct amendment of Execution Petition. 19. In Sabitri Bala v. Alak Ranjan, AIR 1980 249 (Cal.), a le...

...the decree-holder, which is a Co-operative Society, and granted by the Court-below pertained to the cause-title of the execution petition.3. The amendment sought to substitute the “Assistant Manager” to repre...proceedings in place of the Chairman earlier shown in the execution petition as representing it. It is stated that the amendment had been allowed on 7-4-1976 but had not been incorporated in the...not be entitled to the benefit of the amendment. The main matter itself cannot be dismissed for failure to carry out the amendment. In the present case, if the amendment was not carried out by the decree-holder, th...

...could not be sold in execution of the decree. The objection was allowed in the executing; court in Miscellaneous Case No. 256 of 1957 and the sale was set aside.2. Thereafter the petitioner made an ...order, of the Munsif, holding that the amendment could not be allowed in view of the principle of res judicata. On the 30th October, 1960, the petitioner applied for amending the execution petition by inserting the...the order of the Execution Munsif, dated the 12th August, 1961, in Execution Case No. 294 of 1954 and direct that the amendment sought for by the petitioner in his petition dated the 30th October,...

...amendment in the Execution Petition, without amending the name in the decree. Hence, if at all he could have filed the petition, seeking amendment in the decree before the Court,...This Civil Revision Petition has been preferred against the order dated, 04.09.2007 made in E.A.No.133 of 2007 in E.A.No.247 of 2006 in E.P.No.33 of 2004 in O.S.No.99 of...respondent / fourth defendant is stated as Leelavathi, as stated in the plaint. By filing the Execution Application, under...

...matter of the rent control petition is certainly a matter that can be decided by the Execution Court. However, in guise of conducting such an enquiry, it cannot allow any amendment of execution ...controversy now arisen in the context of amendment of execution petition in derogation of orders of the Rent Controller, is beyond the power of the Execution Court. The impugned order is according...schedule of execution petition in derogation with the order passed in a rent control petition. In the rent control petition, the building number was shown as TC 38/839. This was sought to...

...by the learned Munsif-I, Siwan in Execution Case Nos. 6 of 1995/42 of 2000, whereby the prayer of the petitioners seeking amendment in the execution petition has been rejected, inter alia, on grou...the description of the suit property in the execution petition and which has been rejected by the impugned order.7. Perusal of the amendment sought by the petitioners manifests that for...Code to entertain such clarification by way of amendment in the execution petition is inherent and ought to have been exercised.8. For the reasons aforesaid, the order passed by the...

...application and directed to carry out the amendment.3. Learned counsel appearing for the petitioner points out before this Court that even as on today execution petition encompassed the execution of ...therefore it was allowed.5. If the petitioner has a case that even now the execution petition encompassed the execution of two orders in two different CMAs, he can certainly raise that objection ...not interfere with the order now passed. Reserving liberty of the petitioner to urge his contentions in the pending execution petition within a period of two weeks from today, this original petition is disposed of....

...regard to the description of the property in the execution petition till the property was attached on 21.3.1996 The lower court erred in holding that the entire cause of action would change by reason of the ...decree holder cannot be allowed to amend a previous execution petition by including fresh properties more than twelve years after the date of the decree and the court has no discretion in the matter.”This is ...others v. Deoniti Prasad Singh and others, AIR 1959 Pat. 199 the execution petition was sought to be amended by addition of some more properties to the properties,...

...present. The Misc. Application dated 26/04/2024 is taken up for hearing. Perused. Heard. Decree holder/petitioner prays for amendment of the execution petition. The proposed amendment is formal ... Miscellaneous Application No. MA/114/2024 ( Date of Filing : 26 Apr 2024 ) In Execution Application No. EA/100/2022...Misc. Application is disposed of. Decree holder is directed to file amended execution application in EA/100/2022. 1...

...the petitioner. During the currency of the Execution Petition, the respondent filed an application in E.A. No. 54 of 2004, to amend the Execution Petition to incorporate a prayer for attachment and sale of...Execution Petition is not in the nature of a civil proceeding and as such, Order 6 Rule 17of the Code of Civil Procedure, 1908, is not applicable to the Execution Petition. Accor...that arises for consideration is as to whether the Executing Court was correct in allowing amendment of the Execution Petition to incorporate a prayer for attachment and sale of property in the place...

...and the only question involved in the appeal is “whether the amendment by including a new prayer, which was tantamount to a fresh execution petition, could be ordered after 12 years disregarding the...in fact set off. His main contention was that if the amount to which he is entitled under the modified decree passed in S.A No. 367 of 1964 is allowed to be set off against the decree in execution against him ...would thus be set off the amendment of the execution petition thus be came a superfluous adjunct of the substantive order of set off. The learned Judge in his operative portion of the order has not...

...decree-holder verbally prayed for amendment of the execution petition, but the learned Munsiff refused the prayer and dismissed the execution case. In the present execution the learned Munsiff hel...before us. The objection that is taken on behalf of the judgment-debtor is that the learned District Judge has rightly found that the execution petition of 4th September 1924 was in accordance with Law. That being so, the v...amended is wrong.2. The verbal prayer was to amend both she execution petition and the sale proclamation. The sale proclamation, it is urged, was not in proper form, because it ought to have given the value o...

...permission to carry out the amendment in the execution petition, incorporating the amendment in the claim clause as well as the prayer clause in terms of the measurement map Exh. 123. How...the executing court. It is, therefore, necessary to incorporate the changes recorded during the actual execution of the decree in the execution petition. The learned counsel further submits that, merits of the prop...petition. The learned counsel further submits that, the petitioner is about 77 years of age and is fighting for execution of the decree passed in the year 2003. Rejection of the application for amendment has...

...;“It is a mistake to think that Section 48 lays down any inflexible rule in not allowing any amendment whatever may be the circumstances of the case, to the execution petition merely on the-ground t..., Calcutta and Patna, it becomes clear that the impugned order of the Court below is patently untenable in law in as much as mere substitution in the execution petition by amendment of the mode fo...I.A No. III (which is shown as I.A No. II in the operative portion of the impugned order) is allowed permitting him to effect the amendment in the Execution Petition No. 65/91 pending on the file of...

...2nd respondent in this appeal and notice was issued to him. It is argued for the appellants that the court below has gone wrong in striking off the execution petition, in not allowing the ...the additional plaintiffs cannot apply for execution of the decree under Order 21 Rule 16 of the CPC. The execution petition also cannot amount to an assignment of the decree so long as the additi...application of the 1st defendant it was restored to file and was again decreed on 30-3-1120. The present execution petition was filed by the additional plaintiffs 2 and 3 on 2-9-1950. It was alleged in...

...), passed by the learned Subordinate Judge, IX, Ranchi in Execution Case No. 4/1999, whereby the learned court below rejected the amendment petition filed by the petitioners praying for amendment ...respect of plot No. 218, area 0.15 acres, the petitioners filed an amendment petition on 25.05.2007 for amendment of the execution petition.3. The proposed amendment was as follows:..., IX, Ranchi, vide order dated 02.07.2007 rejected the said amendment petition filed by the petitioners. It is further submitted by learned counsel for the petitioners that the learned Executing Court committed a serious error ...

...the Decree holder/petitioner prays for amendment of the execution petition. The proposed amendment is formal in nature and it will not change the nature and character of the execution case... Miscellaneous Application No. MA/138/2024 ( Date of Filing : 06 Jun 2024 ) In Execution Application No. EA/20/2022...execution application in EA/20/2022. [HON'BLE MR. Sailaranjan Das] PRESIDING MEMBER [HON'BLE MRS. Maitreyee Chakraborty] MEMBER...

...owning any property, as alleged by the petitioner. He is not having any movable or immovable property. 5.Admittedly, the petitioner has filed the Execution Petition by mentioning a property, as if it belongs to the respondent herein...to recover the decretal amount and the subsequent interest from the respondent. The Sub Court dismissed the said petition on 31.07.2017 on the ground that the property mentioned in the Execution... Prayer: Civil Revision Petition filed under Article 227 of Constitution of India praying to set aside the order passed on 31.07.2017 in E.P.No. 40 of 2000 in O.S.No.44 of 1997 on the file of the ...

...from them. However, it is not necessary to carry out the amendment in the execution petition as sought for by the DH. The DH. may take appropriate steps for recovering the...in the execution proceedings with a request to allow the decree holder to add certain amount towards interest and other charges. Though the said application is not allowed, still while passing order...for amendment is not allowed on the ground that it is not necessary for the decree holder to amend the execution proceedings and recovery can be claimed. The amount stated is only the observation of...

...-holders filed an application stating that the sixth property had been wrongly described in the execution petition and they prayed for the amendment of the petition by inserting a new description. The...judgment-debtor appeared in court and presented an application asking the Subordinate Judge to recall his ex parte order directing the amendment of the execution petition by including in it the property, a...application and what the judgment-debtor in ??? was that the court had no jurisdiction to proceed to sell a property which was essentially ??? from the property described in the original execution petition...