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1964 Supreme(All) 132

D.D.SETH, V.G.OAK
Durga Singh – Appellant
Versus
Wahid Raza – Respondent


Advocates:
Krishna Sahai, for Appellant; H. P. Gupta, for Respondent.

Judgement

V. G. OAK, J. : This Civil Revision by a defendant arises out of a proceeding for amendment of a decree under Sections 151, 152 and 153, C.P.C.

2. Wahid Raza and others brought a suit against Durga Singh defendant for recovery of possession over certain plots and damages. The suit was dismissed by the learned Munsif of Moradabad, but was decreed in appeal by the Additional Civil Judge of Moradabad. A Second Appeal by Durga Singh defendant was summarily dismissed by this Court under O. XLI, R. 11, C.P.C.

3. In the plaint the land in dispute was described as two plots situate in village Noorpur. According to the plaintiffs, that description was

incorrect, in fact the plots lie in another village Pandit Nagla. The plaintiffs, therefore, filed the application under Ss. 151, 152 and 153, C.P.C. before the Additional Civil Judge of Moradabad for amendment of the decree. That application was opposed by Durga Singh defendant. But the learned Additional Civil judge overruled Durga Singh's objection, and allowed amendment of the plaint and the decree by his order dated 7-1-1961. This Civil Revision by Durga Singh defendant is directed against that order dated 7-1-1961, allowing amendm












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