K.C.DAS GUPTA, DEBABRATA MOOKHERJEE
BABURAM LAL – Appellant
Versus
DEBDAS LALA – Respondent
( 1 ) THIS appeal is against an order allowing an application under Section 47 of the Civil Procedure Code and rejecting an application for amendment of the execution petition. The suit was one for partition and accounts. A preliminary decree was passed on 20-2-1940. The appeal against the preliminary decree was dismissed on 12-1-1944. The final decree was made on 3-12-1946. The application for execution, in which the application for amendment and the objection under Section 47 of the Civil Procedure Code-were made, was filed on 8-6-1949. The decretal sum was mentioned there as Rs. 1,483-1-6 pies, this being the amount of the decree on the basis of the Commissioner's report. Certain other sums were asked for as costs of copy of the decree and costs of execution but set off was also given and the net total was mentioned as Rs. 1,342-14-9 pies. By the application for amendment, the plaintiff wanted to add to the sum realisable on account of the decree itself a sum of Rs. 495/-, said to be due on account of costs of final decree, stamp and other accounts and also the costs or a first appeal amounting to Rs. 278-14-0. It was prayed that in place of Rs. 1,483-1-6 pi
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