...present order.2. The applicant by means of this application has sought for amendment of decree of the trial court on the basis of amendment in the plaint already allowed de....3. Subsequently since the amendment of the decree was not made in spite of that the said amendment was allowed, the present application was moved by Ambrish Kumar alleging to be the...heir of the decree-holder for a direction to the trial court for making an appropriate amendment in the decree in accordance with the amendment already allowed as aforesaid. On 20-12-85 the present...

...ORDER Bellie, J. 1. This civil revision petition arises out of an order passed by the trial court dismissing an application filed for amendment of the decree. 2.... In that the High Court passed an order stating that the stay granted will not bar the claimants from filing a petition for amendment of the decree. After this modification of the stay order the...claimants filed a petition in the original Court I.A.No.174 of 1990 for amendment of the decree. In that application the original Court ordered that the stay has been lifted only for filing a petition for...

...petition. 2. On behalf of the petitioner it is contended that the provisions regarding amendment of decree are inapplicable to a prayer for including an amount which the plaintiff might be...him subsequent to the decree in a proceeding to amend the decree. He, However, Contended that his application for amendment of the decree can be and ought to be regarded as one in review and if so...event happened subsequent to the decree entitling the party to a greater relief than from that given in the decree that may be a ground for review of judgment and not for amendment of the decree b...

..., First Court at Krishnanagar, Nadia whereby prayer for amendment of a decree was allowed. Suit was eviction suit under...West Bengal Premises Tenancy Act. The landlord is a plaintiff prayed for amendment of decree by incorporating the schedule therein in respec...as a clerical mistake and thereby allowed such amendment directing to incorporate description of the property as mentioned in paragraph 1 of the plaint, in the decree.3. The defendant...

...is concerned and thereafter, it is not competent to ask for an amendment of the decree in the manner asked not by the decree-holder. As against this, Mr. M.N Sundararajan, learned counsel for the...amendment of a decree under S. 152, C.P.C are wide and the court will not become functus officio with regard to its powers of amendment of decree even though there has been a full satisfa...in accordance with law and it gets resuscitated as such, neither the party could seek nor the Court could indulge in any amendment of such a decree which has become non-est in the eye of law. This...

..., disclose that by the time of trial Court entertaining a petition for amendment of decree, the appellate Court already disposed of the appeal. In such circumstances, the apex Court on the principle ...doctrine of merger, it was held the trial Court was barred from entertaining the petition for amendment of decree. Thus, the said decisions do not apply to the case on hand. However, in the instant...possession of the plaint schedule property. 2. The said suit was decreed by judgment and decree, dated 4-6-2001, holding that the plaintiff is entitled for recovery of possession of the plaint...

...1. This is an application in revision from the order passed by the Munsif of Shahganj, District Jaunpur, rejecting an application for amendment of decree. The plain tiff applicant...decree was prepared in due course, embodying the usual terms. Under the heading “specification of the mortgaged property” it was stated “property as mentioned in the relief.” The relief, so far as it...is quoted in the decree, makes a reference to the “hypothecated property.” A final decree was subsequently passed, but it contained no specification of the mortgaged property. The plaintiff applied to...

...1. This appeal is by defendants 1 to 10, who along with defendants 11 to 13 — Respondents third party, were defendants first party, and is directed against the amended decree of May 30, 1957, by which the amount ...April, 1956, filed an application for amendment of the decree under execution, before the confirmation of the sale, which had taken place earlier. During the pendency of the said application for...amendment, the sale was confirmed on the 20th April, 1956, and, ultimately the execution was dismissed on full satisfaction on the 30th April 1956. The application of the plaintiff for amendment of the ...

...dismissed on the 28th April, 1905 and the decree of the lower Appellate Court was accordingly confirmed. The decree-holder applied for execution of decree in December 1907, but the Court rejected the appli...years after it was passed, and it was held that an application to execute such decree which was made within three years from the date of the amendment of the decree was within time.The...date of amendment of a decree which is capable of execution though such decree may not be in entire accordance with the judgment, and whether a case of amendment of ...

...issuing notice to the respondents and without taking into consideration the legal position settled in respect of amendment of order/judgment and decree. Learned counsel for the petitioner further submits...that in fact the respondents had no objection about amendment of decree because in para 4 of the application under Order 23 Rule 3 CPC, the Survey No. 23/2 had wrongly been mentioned in place of...Survey No. 35/3, as such, he submits that as the respondents had no objection in making amendment of the decree, therefore, the application should have been allowed. He submits that no notice was issued...

...for amendment of a decree passed by him, which decree was subsequently appealed from and affirmed by this Court.The applicant was the plaintiff in the suit originally instituted in the...party has contended that the lower court had no jurisdiction to order an amendment of its own decree, which became merged in the decree of this Court passed on appeal and that, therefore, the application f...decree was incompetent. According to his contention the application for amendment of decree must be made to the court of appeal, that is to the High Court in this case. It is not necessary for us to decide...

...decree was amended by the Court, and he was not in any way bound by the amendment. The further contention of the petitioner was that the application for passing final decree was clearly barred by...contended that the application is very much out of time and the period till which the amendment proceedings were pending cannot be taken into account by the decree-holders. 5. Thirdly...filed against unamended portion of a decree after the amendment of decree. For the purpose of calculating the limitation for the appeal against the decree it was held that the limitation,...

...- Compromise decree- Stipulation to sell property to decreeholder within a week for amount due-- Amendment of decree allowing judgment- debtor to pay in instalments, whole amount being payable on default ... 562 of 1934) came into operation. Under the provisions of Act XXVII of 1934, the judgment-debtor became entitled to the amendment, of the ...instalments-- Original decree restored by High Court-Sale in execution-Amended decree restored by Privy Council-Validity of sale-Restitution U. P. Encumbered Estates Act (1934 as amended in 1939...

.... If these 42 persons are not to be regarded as parties to the suit, they have no locus standi to apply for amendment of the decree. The decree is not at variance with the judgment. These persons were...judgment and not for an amendment of decree; as the decree drawn is consistent with the judgment; the persons on whose behalf the plaintiffs sued, being really and properly parties to the suit, and it is...petitioners were not parties to the suit, they had no right to come here and ask for amendment of the decree, we think that as the decree makes them liable jointly and severally for the amount of...

...silent as regards recovery of possession. The plaintiff prayed for an amendment the decree on 27th August, 1907; his prayer was disallowed by this Courtion 7th December ??? on the defendant's...judgment-debtor appeal to this Court. We have no hesitation ??? saying that execution was time-barred. The date from which limitation ran was three years from the date of the amendment of the decree..... In this case at an rate the date of the amendment of the decree must clearly be the date of the order of the High Court amending ??? Ordinarily a decree bears the date of which...

...affected.6. The learned counsel for the applicant argued that the decree of the first appellate court merged into the decree of the Hon'ble Board of Revenue and the first appellate court had...consideration to the matter. The amendment of decree ordered by Sri Chitrangad Singh, Additional Commissioner, on 28-9-70 was without jurisdiction as the decree of the first appellate court had merged in...decree of the lower appellate court that governs the right of parties:—“The lower appellate court decree is final decree and the decree of the lower court merges, with it. ...

...for amendment of decree under Section 152 of CPC on the ground that the decree in the suit in O.S.No.257 of 2003 is not in accordance 2/7...an appeal as against the judgment and decree of the Lower Court and that by virtue of the amendment of decree, the appeal filed by the petitioner has become infructuous. It is also the grievance ...injunction in respect of the whole property. It is contended that by virtue of the amendment that has now been granted, the petitioner is forced to file another appeal challenging the decree...

...Courts acted rightly in rejecting the application. Irrespective of the merits of the amendment itself, I hold that such amendment could neither revive the decree nor furnish a fresh starting point ...All. 23 held that an application for an amendment of decree under Section 206, Civil Procedure Code, was governed by three years' limitation under Article...1. I am of the same opinion. The decree sought to be executed was passed on the 2nd April 1880, and was put into execution by an application dated the 19th February 1884; but execution...

...to be amended, the application must be filed for amendment of decree alleging that he has got another name and that too after issuing notice to the judgment-debtor and after hearing him. Taking that.... 2. Short facts are : The respondent has obtained a money dcree against S.R. Jain in O.S. No. 9388 of 1976. To realise the decree debt, he levied execution in E.P. No. 2090 of 1985 praying...at all any amendment is to be made, it can be done only by filing application to amend the decree and not by filing execution application. 4. I have carefully considered the...

...petition, what the petitioners seek is an order requiring the 2 respondent to consider and pass orders on Exts.P13 to P16 seeking amendment of decree and Exts.P18 to P21 seeking issuance of certificates...get the decree amended to that extent, they filed Exts.P13 to P16, praying for granting future interest at the rate of 11% per annum. These applications are pending. In order to enable them to...JUDGMENTPetitioners submit that they made fixed deposits in the 3rd respondent society, the total amount of which is Rs. 24,81,133/-. According to the petitioners, even...