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1989 Supreme(Ori) 346

L.RATH
GADADHAR MOHAPATRA – Appellant
Versus
BISWESWAR BHUTIA – Respondent


Advocates Appeared:
B.H. Mohanty, for the Appellant; M. Patra, for the Respondent

JUDGMENT :

L. Rath, J. - This is a judgment-debtors revision against an order of the Munsif, Dhenkanal, allowing the prayer for amendment of the execution petition of the decree-holders.

2. The facts, shorn of details, are that the opposite parties obtained a decree for recovery of possession in respect of an area of Ae.0.001 dec. 5 kadis on 7-7-1955 and on 15-4-1966 they filed the petition for execution registered as Execution Case No. 12 of 1966. in the petition, as against Col. 7, only recovery of possession of A. 0.00 2x1/2 kadis was mentioned. On 8-12-1980 the Office pointed out the defect that from the certified copy of the decree and Schedule-B of the execution petition, it appeared that immovable property which was to be given delivery of possession was A.0,01.5 kadis, but in Co.7 of the execution petition, recovery of possession of only A.0.00.2x1/2 kadis was mentioned. An application for amendment was made on 12-3-1981 to substitute 'A.0.00.2x1/2 kadis by A.0.01 D.-5 kadis' in the execution petition and such amendment having been allowed, this revision has been filed.

3. Mr. B.H. Mohanty, learned Counsel for the Petitioners, has urged that since the purported amendment to th






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