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B. Sanwal Das Vs. Sita Ram and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1934All128
AppellantB. Sanwal Das
RespondentSita Ram and anr.
Excerpt:
- .....allowed by the judgment of this court works out at 2 per cent, instead of 5 per cent, and that the village expenses likewise work out at only 3 per cent; in other words, his case is that 'lambardari haq' and village expenses should have been awarded at a higher rate. the sums awarded by this court are those found under these heads by the trial court, whose figures were not impugned in course of the argument in second appeal. it is possible that if it had been brought to my notice that the amounts of 'lambardari haq' and village expenses found by the trial court were at the rates mentioned above, i would have enhanced them, but no such question was raised. it is not open to the applicant to raise these questions by an application for amendment of decree on the ostensible ground that it is.....
Judgment:
ORDER

Niamatullah, J.

1. This is an application for amendment of a decree. I have carefully examined the judgment in pursuance of which the decree has been prepared. It is strictly in accordance with the judgment. The applicant's grievance is that haq lambardari allowed by the judgment of this Court works out at 2 per cent, instead of 5 per cent, and that the village expenses likewise work out at only 3 per cent; in other words, his case is that 'lambardari haq' and village expenses should have been awarded at a higher rate. The sums awarded by this Court are those found under these heads by the trial Court, whose figures were not impugned in course of the argument in second appeal. It is possible that if it had been brought to my notice that the amounts of 'lambardari haq' and village expenses found by the trial Court were at the rates mentioned above, I would have enhanced them, but no such question was raised. It is not open to the applicant to raise these questions by an application for amendment of decree on the ostensible ground that it is not in conformity with the judgment. The application is dismissed with costs.


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