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1958 Supreme(Pat) 133

KANHAIYA SINGH, V.RAMASWAMI
Dineshwar Prasad Singh – Appellant
Versus
Deoniti Prasad Singh – Respondent


Judgment

1. Miscellaneous Appeal No. 227 of 1955 is brought on behalf of the judgment debtor appellants against an order of the subordinate Judge of Begusarai dated 13-5-1955, by which he allowed an application for amendment of the execution petition made on behalf of the decree holder respondents. It appears that the decree in this case was granted on 3-10-1939, and it provided for the payment of the decretal amount in certain annual instalments commencing from 30th Baisakh, 1347 Fasli corresponding to 21-5-1940

The present execution petition was filed on 18-12-1948, and the properties mentioned in the execution petition for being proceeded against were certain milkiat interest in village Akaha and Tulsichak, and also an elephant. On 29-3-1955, the decree-holders filed two applications, one for amending the properties which were sought to be proceeded against, and the other for correcting the name and description of the judgment-debtors. Both the applications were allowed by the executing court.

By the first amendment the decree-holders sought to proceed against the Milkiat properties in three more villages, namely, Bahorachak, Bairwa and Shaharpura. By the other amendment, the nam













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