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1991 Supreme(Pat) 466

S.N.JHA
Bhanu Pratap Sah – Appellant
Versus
Bhagmuni Devi – Respondent


Advocates Appeared:
For the Petitioner: M/s Shivakirti Singh, Vinay Kirti Singh and Aparesh Kumar Singh.
For Opposite Party Nos. 1 to 4 : M/s Biresh Chakravarty and Rewati Raman.

JUDGMENT

S. N. Jha, J.-It is sometimes said that the real troubles of -a decree-holder begins after the decree is passed. The instant case is an apt example of the woes of a decree-holder. In an execution proceeding arising out of a decree for specific performance of contract of sale, the judgment-debtor filed a petition to refuse the prayer for delivery of possession which has been rejected by the court below giving rise to this revision.

2. It is an admitted position that sale deed with respect to plots of land mentioned in the decree has been executed by the court. However, while levying execution of the decree for delivery of possession, the decree-holder mentioned different plots in the execution petition. An application, in the circumstance, was filed by the decree-holder to amend the execution petition in order to rectify the mistake in conformity with the decree, which was rejected on 1.9.1983. The decree-holder came to this Court in Civil Revision No. 1531 of 1983 which was dismissed as withdrawn on 14.4.1984. The plea of the petitioner in the court below as also in this Court is primarily founded on the aforementioned orders rejecting the player for amendment. It is contend
















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