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1936 Supreme(Oudh) 19

Maharaj Puttu Lal – Appellant
Versus
Sripal Singh – Respondent


JUDGMENT

1. This is an application under Section 115, Civil P.C., far revision of an order of the Additional Civil Judge of Sitapur refusing to amend a judgment and decree under Section 152, Civil P.C. The plaintiff-applicant brought a suit for sale of certain property mortgaged by one Chandrika Singh to his uncle, after the latter's death, and obtained a decree. In execution of that decree the property was put to sale and purchased by the applicant himself. Subsequently he brought a suit for possession of the property against the opposite parties on the ground that they were resisting him in obtaining actual possession, opposite parties Nos. 1 and 2 claiming as usufructuary mortgagees of the property and opposite parties Nos. 3 and 4 giving themselves out as thekadars of a portion of the property. In this suit the applicant also claimed mesne profits from 20th December 1929, the date of sale up to the date of delivery of possession but fixed no amount of such profits. His pleader made an oral statement requesting the Court to determine the amount of mesne profits in the execution department and this prayer was accepted by the Court. The suit was decreed for possession of the land i

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