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1996 Supreme(All) 639

D.K.SETH
SHIV KUMAR SHARMA – Appellant
Versus
FIRST ADDL D J NAINITAL – Respondent


Advocates Appeared:
A.N.BHARGAVA, K.L.GROVER, Rajesh Tandon,

D. K. SETH, J.

Order dated 14-4-1981 passed by Munsif, Kashipur in Civil Execution Case No. 63 of 1966 affirmed by the order dated 31st October; 1981 passed by the Additional District Judge, 1st Court, Nainital, in Civil Revision No. 72 of 1981 are the subject-matter of challenge in the present writ petition. Mr. K. L. Grover, learned counsel for the petitioner while assailing the said order contents that by virtue of the application for amendment of the application for execution the respondent No. 3 had got the decree amended. According to him the execution court cannot go behind the decree. It has no power to amend the decree. According to him in the present case the amendment of this boundaries of the suit property of which delivery of possession was sought to be executed renders the suit property to be a different one from that for which decree was passed. According to him the decree having become inexecutable because of the reason of indentifiability of the suit property the execution must fail and the same cannot be revived, by means of amend ment for identifying the suit property in the application for execution without ob taining amendment of the decree by the court which h


























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