ANNIGERI AGRL PRODUCE CO OP SOCIETY Vs. SHANTAPPA

JUDGEMENT

(1.) This Execution First Appeal is directed against the order dt. 16-9-76 made in Ex.Case No. 197 of 1972 on the file of the Court of the Addl Civil Judge, Hubli, dismissing the execution petition on the ground that the decree-holder had not carried out an amendment in the cause-title of the petition earlier allowed by the Court.

(2.) The amendment earlier sought for by the decree-holder, which is a Co-operative Society, and granted by the Court-below pertained to the cause-title of the execution petition. The amendment sought to substitute the "Assistant Manager" to represent the decree-holder Society in the proceedings in place of the Chairman earlier shown in the execution petition as representing it. It is stated that the amendment had been allowed on 7-4-1976 but had not been incorporated in the execution petition till 16-9- 1976 on which date the Court below dismissed the execution petition itself for failure on the part of the decree-holder to amend the petition.

(3.) The order under appeal is clearly unsupportable. If an amendment ordered by the Court below is not carried out within the time prescribed under Order VI, Rule 18 of the CPC or within such extended time as the Court may grant, all that can be said to follow is that the party in whose favour the order of amendment is made would not be entitled to the benefit of the amendment. The main matter itself cannot be dismissed for failure to carry out the amendment. In the present case, if the amendment was not carried out by the decree-holder, the Court below would still be required to address itself to the question whether the execution petition as originally filed describing the decree-holder Society as represented by its Chairman was properly constituted or not. There is no discussion of this aspect by the Court below. The order under appeal is therefore clearly erroneous and requires to be set aside.