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Raja Sardar Mahesh Prasad Singh Vs. Musammat Budhwanti - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1919All30; 54Ind.Cas.387
AppellantRaja Sardar Mahesh Prasad Singh
RespondentMusammat Budhwanti
Excerpt:
civil procedure code (act v of 1908), section 152 - amendment of decree--appeal, whether lies. - - but in this appeal it is urged that no appeal lies from an order passed under section 152, civil procedure code the truth and the force of this contention are practically admitted and the code is perfectly clear on the subject that no appeal lies......the respondents discovered an error in the decree by reason of which they had been deprived of property in execution, to which they were on the face of the judgment entitled. they applied to the court below for amendment, of the decree. objections were taken. the court granted the application and amended the decree. another application after the amendment was made for restitution. that is the matter-matter of a connoted appeal. but in this appeal it is urged that no appeal lies from an order passed under section 152, civil procedure code the truth and the force of this contention are practically admitted and the code is perfectly clear on the subject that no appeal lies. we are asked to treat the appeal as an application in revision, but this we must decline to do for admittedly there.....
Judgment:

1. A preliminary objection is taken that no appeal lies. The facts may be briefly stated. A decree was passed and put into execution. That decree had been con-firmed on appeal in this Court. The respondents discovered an error in the decree by reason of which they had been deprived of property in execution, to which they were on the face of the judgment entitled. They applied to the Court below for amendment, of the decree. Objections were taken. The Court granted the application and amended the decree. Another application after the amendment was made for restitution. That is the matter-matter of a connoted appeal. But in this appeal it is urged that no appeal lies from an order passed under Section 152, Civil Procedure Code The truth and the force of this contention are practically admitted and the Code is perfectly clear on the subject that no appeal lies. We are asked to treat the appeal as an application in revision, but this we must decline to do for admittedly there are no merits whatsoever in the appellant's case. The error in, the decree was admittedly there and justice has been done, and we see no ground whatsoever to accede to this request. The result is that the appeal is rejected with costs to the opposite party including fees on the higher scale to the extent of Rs. 62 8-0.


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