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1932 Supreme(All) 21

NIAMATULLAH
Badri Pande – Appellant
Versus
Chhangur Pandey – Respondent


ORDER

Niamatullah, J. - This is an application in revision from the order passed by the Munsif of Shahganj, District Jaunpur, rejecting an application for amendment of decree. The plaintiff applicant instituted a suit for enforcement of a mortgage-deed, dated 23rd May 1923, by sale of the property specified therein. The particulars of the mortgage were fully recited in the plaint and in the relief claimed, mention was made of "the hypothecated property," sale of which was prayed for. By a clerical mistake, the property was not detailed at the foot of the plaint. The suit was decreed and a preliminary decree was prepared in due course, embodying the usual terms. Under the heading "specification of the mortgaged, property'' it was stated "properly as mentioned in the relief." The relief, so far as it is quoted in the decree, makes a reference to the "hypothecated property." A final decree was subsequently passed, but it contained no specification of the mortgaged property. The plaintiff applied to the learned Munsif, who had passed the decree praying that the plaint and the preliminary decree be amended so far that the description of the mortgaged property, as given in the mortgage-de

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