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1988 Supreme(All) 4

A.P.MISRA
Kundan Devi – Appellant
Versus
Ram Chandra Jaiswal – Respondent


Advocates appeared:
Ram Niwas Singh, V.K.Chandel

JUDGMENT

A. P. Misra, J.

1. Heard learned counsel for the parties. In pursuance of my order dated 7-5-87 the present application dated 8-5-85 was finally heard today and is being disposed of by means of the present order.

2. The applicant by means of this application has sought for amendment of decree of the trial court on the basis of amendment in the plaint already allowed describing the boundaries. It is relevant to mention here that the case interse between the parties was decided by the trial court on 6-5-68 in pursuance of which a decree was prepared on 23-3-68. Thereafter an application for amendment of the plaint was made which was also allowed on 13-4-68. As against the aforesaid judgment a Second Appeal was preferred before this Court along with Revision no. 905 of 1968 challenging the aforesaid order allowing the amendment. This Court on 11-1-74 finally decided the Second Appeal and also the revision by virtue of which respondent's challenge to the amendment was rejected. Subsequently since the amendment of the decree was not made inspite of that the said amendment was allowed, the present application was moved by Ambrish Kumar alleging to be the heir of the decree holder






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