PANIGRAHI, MISRA
DOLAGOBINDA SAHU – Appellant
Versus
CHAKRADHAR MOHAPATRA – Respondent
MISRA, J.
( 1 ) THIS application in revision has been filed by the decree-holder against an order of the learned Sub-ordinate Judge of Cuttack, dated 8-10-1953, wising the decreeholder's prayer to amend the prosecution petition by including certain properties in the list of properties originally appended to the execution petition. The decree in question was passed in Money Suit No. 41 of 1939 on 11-11-40, and the application for amendment was presented on the last day of the period of 12 years prescribed by Section 48, C. P. C. The main ground on which the application was resisted by the judgment-debtors was that it was not maintainable in view of the provisions of Order 21, Rule 17, C. P. C. Their contention was that Order 21, Rule 17, C. P. C. provides for an amendment of the execution petition when the requirements of Rules 11 to 14 of Order 21 are not complied with. In other words they contended that Order 21, Rule 17, C. P. C. deals with formal amendments, and does not empower the Court to amend the execution petition on any substantial point, as for example by substituting new properties sought to be attached and sold in execution. Order 21, Rule 11 prescribes the details wh
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