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1960 Supreme(AP) 109

MUNI KANNIAH
J. Abid Hussain – Appellant
Versus
R. K. Paul – Respondent


MUNIKANNIAH, J.

( 1 ) THIS revision petition is against the orders of the District Munsifs Gooty, passed in I. A. No. 119/57 filed in O. S. No. 448/31 allowing an amendment of a compromise decree purporting to act under Section 152, C. P. C. On behalf of the petitioner herein, objection is taken, to the exercise of the discretion vested in the Court under Section152 as admittedly the interests of the third party have intervened. The question that arises for decision is about the nature of the power vested in a Court to correct or amend a decree so as to bring it in conformity with the judgment or the record of com-promise, even though the rights of third parties have intervened in the meantime.

( 2 ) THE following are the relevant facts : One S. Paul filed O. S. No. 448 of 1931 in the District Munsifs Court, Gooty against S. G. Phillips, and it was compromised. The memo of compromise contained the terms agreed between the parties. The dispute in the main related to the closing of a sluice and for the removal of newly constructed latrine in the site of the plaintiff Paul. The compromise found a solution to the satisfaction of the contestants. But the decree based upon it omitted the







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