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1930 Supreme(Mad) 245

K.PANDALAI
Yerramilli Satyanarayana Rao And – Appellant
Versus
Kandukuri Purnayya And Ors. – Respondent


JUDGMENT

Krishnan Pandalai, J.

1. This is a petition to revise the order of the Subordinate Judge of Narsapur dismissing an application under Section 152, Civil Procedure Code, to amend a preliminary decree obtained by the petitioners as plaintiffs in a suit upon a mortgage executed by the ancestors of defendants 1 to 5. The only other person whom it is necessary to refer to is the 7th defendant, the only contesting respondent to this petition, who was added as defendant, because he had purchased some of the mortgaged properties subject to the mortgage sued upon. Defences were raised on the merits by defendants 1 to 5., The 7th defendant pleaded that the properties purchased by him should not be proceeded against until the other mortgaged properties had been sold. There was an issue arising from the plaintiffs allegations that the survey numbers of two of the properties, items 6 and 8 in the plaint schedule, were wrongly entered in the mortgage deed. All these contentions were disposed of by the findings of the learned Judge. On the last question he found that there had been an error in the mortgage deed and he ordered that the right survey numbers should be put into the decree. The












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