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1949 Supreme(Pat) 71

NARAYAN
Khudu Mahto – Appellant
Versus
Bhim Mahto – Respondent


Judgment

Narayan, J.

1. This application is directed against an order of the Subordinate Judge of Purulia, dismissing an application for the amendment of a decree. The decree in question had been passed in a suit for partition on the basis of the commissioners report, and after the decree had been passed, possession was delivered to the parties on the basis of the commissioners report which had been embodied in the decree. The plaintiff thereafter, filed an application under Sections 151 and 152, Civil P. C., for the amendment of the decree, and it was pointed out that the pleader-commissioner whose report had been accepted by the Court and on the basis of whose report the final decree had been passed, had committed a mistake in totalling the areas of the lands. The learned Subordinate Judge rejected the prayer for amendment mainly on the ground that the decree had already been executed.

2. I am inclined to agree with Mr. Majumdar that merely because, the decree stood executed the Court below should not have rejected the prayer for amendment. Under Sections 151 and 152, Civil P. C., very wide powers have been given to the Court. Sec.151 lays down that nothing in this Code shall be d

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