ORDER OF REFERENCE

RAMASWAMI, J. : -

This is an application for amendment of the decree of the Court of the first instance in O. S. No. 346 of 1949, District Munsifs Court, Srikakulam.

2. The facts are ; O. S. No. 346 of 1949 was filed for specific performance of an agreement to sell dated 29-2-1949 executed by the 1st defendant therein in favour of the plaintiff and for possession of the plaint schedule property after ejecting the defendants. The 1st respondent before me is stated to have been a subsequent alienee of the suit property under a registered sale deed dated 29-2-1949 with notice of the agreement in favour of the plaintiff. The suit was decreed on 27-3-1950.

On appeal in A. S. No. 120 of 1950, the Subordinate Judge of Srikakulam confirmed the decree passed by the trial Court. The first respondent filed a second appeal and it was dismissed by me at the admission stage on 1-11-1951. The plaintiff is then stated to have applied and obtained public copies of the judgments and decrees of the Courts below and he is stated to have found therefrom that the relief for possession was omitted from the decree inadvertently even though the suit was both for specific performanc