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Keramatulla Meah and anr. Vs. Keamatulla Meah, on His Death His Heiress and Widow Substituted in His Place, Chetunnessa Bibi and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in57Ind.Cas.710
AppellantKeramatulla Meah and anr.
RespondentKeamatulla Meah, on His Death His Heiress and Widow Substituted in His Place, Chetunnessa Bibi and O
Excerpt:
civil procedure code (act v of 1908), section 152 - amendment of decree--appeal, dismissal of--application for amendment--court, proper. - 1. this rule is discharged. it relates to a matter which was outside the scope of the appeal preferred to this court. the learned vakil for the opposite party has, therefore, contended that the question raised of the amendment of the decree so as to bring it into conformity with the judgment of the court below is one for that court, and we are disposed to accept that view.2. let the judgment and decree filed along with the application be returned to the petitioner's vakil.3. costs of this rule will abide the result of any similar application which may be made in the court below. we assess the hearing fee at one gold mohur.
Judgment:

1. This Rule is discharged. It relates to a matter which was outside the scope of the appeal preferred to this Court. The learned Vakil for the opposite party has, therefore, contended that the question raised of the amendment of the decree so as to bring it into conformity with the judgment of the Court below is one for that Court, and we are disposed to accept that view.

2. Let the judgment and decree filed along with the application be returned to the petitioner's Vakil.

3. Costs of this Rule will abide the result of any similar application which may be made in the Court below. We assess the hearing fee at one gold mohur.


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