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1952 Supreme(Bom) 75

CHAGLA
Hussain Sab – Appellant
Versus
Sitaram Vighneshwar – Respondent


Advocates:
G.R. Madbhavi and K. R.Bengeri, for Applicant; N.M. Hungund and S.N. Alagudde, for Opponent.

Judgement

ORDER :- A suit was filed by the plaintiff to recover possession of a house which was described as bearing No.1372. The trial Court passed a decree in favour of the plaintiff. The defendant appealed, and the decree was confirmed by the District Judge. There was a second appeal to this Court, and it was summarily dismissed. On January 31, 1951, the plaintiff made an application under S.152, Civil P.C. to the District Court for amendment of the decree, alleging that the house had been wrongly described as bearing No.1372 when in fact it bore No.1572. The District Court granted the application. It is from that order that this revisional application is preferred.

2. It is contended before me that, inasmuch as an appeal was preferred to this Court, the application for amendment should have been granted, if at all, not by the District Court, but by this Court, and, therefore, the order of the District Judge was without jurisdiction. Now, the ordinary principle is that the decree of the trial Court is merged in the decree of the appellate Court if an appeal is preferred from that decree, and the decree that has got to be executed is the decree of the appellate Court; and if any am





















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