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2009 Supreme(P&H) 537

K.KANNAN
Saudagar Singh – Appellant
Versus
Amir Singh – Respondent


Judgment

K.Kannan, J.

1. The petition for amendment of the pleadings and decree after the disposal of the case was challenged by the plaintiff in revision petitions on the grounds; first by the amendment sought for therein was not merely a clerical mistake and the provisions of Section 152 were not applicable; second, the judgment ultimately decreeing the suit for specific performance was rendered by the High Court while dismissing a Regular Second Appeal filed at the instance of the defendant and therefore, the decree of the trial Court had be come merged with the decree of the High Court and any application, if at all, ought to have been filed only before the High Court.

2. The mistake as stated by the decree-holder as having been come about was with reference to a suit for specific performance in respect of 48 kanals of land situate in village Takhni, Tehsil and District, Hoshiarpur. The plaint also contained an alternative prayer for 48 kanals of land out of total land measuring 96 kanals. The total number of khasras were 12 comprising of 8 kanals each. The contention of the plaintiff was that the decree had been granted in respect of 48 kanals being the main relief which repres







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