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1952 Supreme(Mad) 307

GOVINDA MENON
Puthiya Purayil Puthanpurayil Ussain – Appellant
Versus
Parayi Kunhiraman – Respondent


Advocates:
A. Achuthan Nambiar for Petitioner.
V.P. Gopalan Nambiar for Respondents.

Judgment.-

R.I.A. No. 3041 of 1947 was an application made by one of the parties in O.S. No. 789 of 1944 on the file of the Court of the District Munsif of Kuthuparamba for amendment of the plaint as well as the decree by scoring out the name of the desom and the old survey number and substituting in their place another desom and a fresh survey number. That application was based on the allegation that there was a mistake made by the parties in the plaint. For some reason or other R.I.A. No. 3041 of 1947 was dismissed without the amendment being allowed. Later on an application R.I.A. No. 645 of 1949 was made to amend the decree and plaint practically for the same reasons as had been alleged in the earlier petition. The District Munsif, on this application, allowed the amendment. The third defendant who was aggrieved by that amendment, instead of filing an appeal against that portion of the amended decree, applied to the lower Court by R.I.A. No. 1091 of 1949 for a review of the order in R.I.A. No. 645 of 1949 on the ground that at the time when the order in R.I.A. No. 645 of 1949 was passed the learned District Munsif committed an error which was apparent on the face of the record b




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