P.K.MOHANTY
BISHNU CHARAN DAS – Appellant
Versus
DHANI BISWAL – Respondent
P. K. MOHANTI, J.
( 1 ) THIS is a revisional application filed under Section 115, Civil P. C. against an order of the Munsif, Second Court, Cuttack refusing to amend the khata No. of the suit land in the schedule of property appended to the decree.
( 2 ) THE following few facts need mention: the plaintiff-petitioner filed Title Suit No. 200 of 1970 for declaration of title and for other consequential reliefs. In the original plaint the suit land was wrongly described as appertaining to Khata No. 249. When the mistake was detected, an application was filed for correction of the Khata number as 949 by way of amendment of the plaint. No objection having been raised by the defendant-opposite partita the prayer for amendment was allowed on 14-12-1970 and the plaintiff was directed to file an amended copy of the plaint by 23-12-1970. No amended copy of the plaint was filed by the plaintiff but an endorsement "see amendment petition" was made in red ink on the last page of the plaint. Although no amended copy of the plaint was filed the trial proceeded on the basis of the amended plaint and the suit was decreed in favour of the plaintiff on 29-4-1972. But in the decree prepared by the o
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