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1968 Supreme(Pat) 145

U.N.SINHA, B.N.JHA
Ranbir Prasad – Appellant
Versus
Parvati Devi – Respondent


Judgment

1. This miscellaneous judicial case has been filed by the plaintiffs of title Suit No. 21 of 1951 of the Court of the Subordinate Judge, 1st Court, Patna, under the provisions of Sections 151 and 152 of the Code of Civil Procedure, praying that the decree prepared in this Court in First Appeal No. 77 of 1955 be amended according to law. The plaintiffs title suit was dismissed by the trial Court with costs, and their appeal was also dismissed by this Court with costs by judgment dated the 10th May, 1961.

2. The contention of learned counsel for the petitioners is that the decree with respect to costs prepared by this Court is not according to the High Court Rules. It seems that the petitioners had filed a previous miscellaneous judicial case numbered as M. J. C. 753 of 1961, making the same prayer, complaining against the decree prepared by this Court in the first appeal. This case was withdrawn on the 16th December, 1963. Thereafter, on the 29th January, 1964 the petitioners filed Civil Review No. 4 of 1964 in this Court, asking for the same relief, with the prayer that they may be permitted to amend the valuation of the plaint. For non-compliance with a peremptory order pa

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